Burnam, 111 Okl
„* * * Given, one in every cases where the home is acquired by combined community off couple while in the coverture, as there are no issue, the whole home shall look at the survivor, on whose death, or no of your told you property continue to be, one-half of such as for example property will look at the heirs of your partner plus one-half into heirs of your own spouse, with regards to the right regarding expression.”
¶18 The fresh new trial courtroom rendered view adding therein the aforementioned conclusions and you can findings, and therein discover and you can adjudged one ios dating website Lena had passed down the entire need for the home, your will out-of Lena, supra, had thrown away said possessions by the creating an identical so you’re able to Alexander Linder Seay, and you can quieted title contrary to the defendants in favor of plaintiff.
¶19 Just before proceeding so you’re able to an issue ones propositions away from mistake we have been necessary to dictate into the losing which attention we lead awareness of another things and rules off law.
¶20 The fresh activities towards the action don’t question the new validity and/or legal sufficiency of your deeds so you can import the term towards property so you can R.D. Payne.
¶21 In Lindsay County Financial v. 74, 219 P. 904, we stored that planning condition during the a deed of conveyance try conclusive for the intended purpose of providing perception into surgical terminology of the deed; however for every other mission it’s open to explanation because of the parol proof, which can be prima facie facts only of one’s count, form, and you may receipt of one’s thought, and parol facts try admissible to exhibit exactly what the real idea is actually. Pick and additionally Webb v. 248, 239 P. 653; Tayiah v. Bunnell, 77 Okl. forty, 186 P. 240; Kirkpatrick v. Jacobson’s Existence Property, Inc., Okl., 467 P.2d 489.
¶23 The general code is that the testimony with what a dead people told you through the his lifetime is hearsay therefore is not made competent because of the proven fact that this new declarant possess passed away as such as for instance report is made. Slater v. Shared Benefit Health & Collision Assn., Okl., 393 P.2d 838.
¶twenty-four The fresh new declaration of Lena that Hendersons related in their testimony is made pursuing the loss of R.D. Payne that will not have already been made in his visibility. It had been thus inadmissible for this after that cause. See the Slater case, 393 P.2d 839, on p. 842, and you will Shaw v. Shaw, Okl., 282 P.2d 748, 752.
¶twenty-five It suppression is not appropriate to another testimony, supra, just like the remaining comments associated with Lena and you may Roentgen.D. Payne had been associated due to the fact being manufactured in the clear presence of one another. The fresh findings and you will view of one’s trial courtroom do not have the main benefit of the brand new Hendersons’ testimony.
McGrew, 96 Okl
¶26 Defendants need that testimony of your own lawyer James H. Ivy is actually at the mercy of rejection that is objectionable toward the quantity it prejudiced brand new defendants’ situation.
¶twenty seven Defendants mention meant for it offer a consultative Thoughts of your own Oklahoma Pub Connection Judge Integrity Panel, Zero. 114, looking on web page 96 of a keen Appendix to help you Oklahoma Choices, 341-343 P.2d. Brand new opinion inside it Rule 21 from Guidelines away from Elite group Make [Canons out-of Professional Integrity, canon 19] in regards to the propriety of a lawyer acting as an experience having his buyer and at once acting as the advice having their client in the same case, and provides you to „But when required to the closes off fairness, an attorney is always to end testifying in the legal for the behalf out-of his buyer.” The latest viewpoint emphatically says one to even in the second such as for example the brand new attorney is always to totally withdraw about case if your products will enable, and prevent uniting the character out-of counsel and you can witness throughout the exact same circumstances.