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Parsons v. Parsons

March 23, 1949

PARSONS ET AL.
v.
PARSONS ET AL.



Huxman

Before PHILLIPS, Chief Judge, HUXMAN, Circuit Judge, and SAVAGE, District Judge.

HUXMAN, Circuit Judge.

At the time of her death, Mary Jane Viles owned, in addition to other property, the Southwest Quarter of Section Three, Township Twenty-Six North, Range Fourteen W.I.M., in Woods County Oklahoma. She died leaving a last will and testament which was duly admitted to probate in the County Court of Alfalfa County, Oklahoma. A photostatic copy of paragraph two of the will, as admitted to probate, appears in the record as follows:

"I give and bequeath to my son Calvin Arvestis Parsons the following described property to wit South west quarter of Section three Township twenty six Range Fourteen containing One Hundred sixty acres of land same to fall to the heirs of Calvin Arvestis Parsons at his death. It being my desire that Calvin Arvestis Parsons have all the revenue from said land during his life time and at his death same to fall to his heirs."

At the conclusion of the probate court proceedings on the 2nd day of April, 1909, the county court entered the following decree:

"It is therefore ordered, adjudged and decreed by the Court that the said Will V. Provost, as such executor proceed as soon as practicable and without delay to make distribution of said estate remaining in his hands to the parties lawfully entitled thereto, as follows:

"Mary Almena Larson $500.00

"Calvin Arvestis Parsons 720.87

"Harry James Wilson 720.87

"Henry Murray Viles 720.87

"The Court further finds that the Will provides that the real estate of said estate is to be distributed as follows:

"To the heirs of Calvin Arvestis Parsons, the SW 1/4 of Sec. 3, Twp. 26 N of Range 14 W.I.M. he to have the revenue of said land during his lifetime. * * *"

In 1936, Clara Isabelle Parsons, wife of Calvin Arvestis Parsons, obtained a judgment against him in Woods County, Oklahoma, for the principal sum of $73.80. In 1938, an execution was issued upon this judgment and levied upon the interest of Calvin Arvestis Parsons in the land passing to him under the above Will, and by Sheriff's deed his interest in the land was sold to appellant, Vernon Parsons. The Sheriff's deed executed pursuant to the sale proceedings limited the conveyance to "the interest of the defendant, Calvin Arvestis Parsons," in and to the premises in question. Thereafter, on the fourth day of August, 1943, appellant, Vernon Parsons, executed a warranty deed conveying to appellants, Gus Hadwiger and Robert L. Hadwiger, "an undivided-one-half interest" in the land in question "for the period of the natural lifetime of Calvin Arvestis Parsons." The next day, on August 5, 1943, appellants, Vernon Parsons, by warranty deed conveyed a fee simple title to Robert L. Hadwiger alone to all of the real estate in controversy. Calvin Arvestis Parsons died October 7, 1946, and left surviving him as his only heirs all of the appellees herein.

After the death of Calvin Arvestis Parsons, the appellees herein instituted this action against the three appellants in the United States District Court for the Western District of Oklahoma, in which they alleged that they were the owners in fee simple of the above described real estate and that the appellants claimed an adverse interest therein, and asked that title to the same be quieted as against them. In a second cause of action they asked for possession of the premises, and in a third cause ...


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