Burnam, 111 Okl
“* * * Provided, you to definitely in most instances when the house was gotten from the combined business off husband and wife while in the coverture, and there’s not a problem, the complete estate will go to the survivor, at the whoever passing, if any of told you assets continue to be, one-half of instance possessions should visit the heirs of your own husband plus one-half of into heirs of your own spouse, according to best away from logo.”
¶18 The new demo courtroom made wisdom including therein the above mentioned findings and conclusions, and you can therein discover and you will adjudged that Lena got passed on the entire interest in the home, your commonly out of Lena, supra, got disposed of told you property by the devising the same to Alexander Linder Seay, and you may quieted term contrary to the defendants in favor of plaintiff.
¶19 Before continuing so you can one factor of them propositions from mistake we are necessary to determine from inside the getting rid of it attention i lead attention to another facts and laws away from laws.
¶20 The fresh events towards step do not concern the newest validity or perhaps the court sufficiency of your own deeds to help you import new term into property so you’re able to Roentgen.D. Payne.
¶21 Inside Lindsay County Lender v. 74, 219 P. 904, i held that the thought clause inside the an action out-of conveyance is definitive for the intended purpose of giving feeling toward surgical terms of one’s action; but for virtually any purpose it’s offered to factor by the parol evidence, that will be prima-facie research just of your count, form, and acknowledgment of your own idea, and you may parol evidence is admissible to demonstrate what the real said is. Discover plus Webb v. 248, 239 P. 653; Tayiah v. Bunnell, 77 Okl. forty, 186 P. 240; Kirkpatrick v. Jacobson’s Existence Houses, Inc., Okl., 467 P.2d 489.
¶23 The general signal is that the testimony in what a dead people told you through the their life is actually rumors therefore isn’t rendered competent of the proven fact that the fresh declarant have passed away as like statement is made. Slater v. Shared Work for Fitness & Accident Assn., Okl., 393 P.2d 838.
¶twenty-four This new declaration from Lena the https://besthookupwebsites.org/international-dating/ Hendersons related within their testimony was developed following the death of Roentgen.D. Payne and could not have become made in their exposure. It was ergo inadmissible for this then reason. Understand the Slater case, 393 P.2d 839, at the p. 842, and Shaw v. Shaw, Okl., 282 P.2d 748, 752.
¶twenty-five This suppression isn’t applicable to another testimony, supra, because kept statements related to Lena and Roentgen.D. Payne was basically relevant because being built in the existence of both. The new findings and you can view of one’s trial judge do not have the advantage of the new Hendersons’ testimony.
McGrew, 96 Okl
¶twenty-six Defendants desire that the testimony of your lawyer James H. Ivy is actually at the mercy of rejection that will be objectionable to the the amount this prejudiced new defendants’ situation.
¶twenty-seven Defendants mention in support of so it offer an advisory Advice of the Oklahoma Pub Organization Court Stability Panel, Zero. 114, lookin in the web page 96 from an Appendix so you’re able to Oklahoma Choices, 341-343 P.2d. The thoughts with it Code 21 off Rules away from Professional Perform [Canons off Elite Stability, canon 19] concerning propriety off a legal professional acting as an experience to possess his client as well as once acting as guidance to possess his consumer in identical situation, and provides you to “But when important to the finishes from justice, legal counsel would be to avoid testifying during the legal when you look at the behalf from their customer.” The fresh view emphatically claims one to inside the latter such as the new lawyer is always to entirely withdraw from the circumstances if the situations will permit, and prevent uniting the smoothness regarding guidance and you may experience about exact same case.
