Brace v. Van Eps

South Dakota Supreme Court

Brace v. Van Eps

83 N.W. 572, 13 S.D. 452, 1900 S.D. LEXIS 175

South Dakota Supreme Court·Decided August 29, 1900·Published·Cited by 1 cases

Opinion

Fuller, P. J.

On this rehearing nothing is presented which tends in the slightest degree to diminish our confidence in the correctness of theformer opinion,in which it is held that the instrument -construed is not a testamentary devise, but a deed absolute in form, which presumptively took effect immediately upon delivery. Brace v. Van Eps, 12 S. D. 191, 80 N. W. 197. Adhering to such views and the conclusion formerly reached, the judgment appealed from is affirmed.

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Fuller, P. J.

On this rehearing nothing is presented which tends in the slightest degree to diminish our confidence in the correctness of theformer opinion,in which it is held that the instrument -construed is not a testamentary devise, but a deed absolute in form, which presumptively took effect immediately upon delivery. Brace v. Van Eps, 12 S. D. 191, 80 N. W. 197. Adhering to such views and the conclusion formerly reached, the judgment appealed from is affirmed.

Brace v. Van Eps, 83 N.W. 572, 13 S.D. 452, 1900 S.D. LEXIS 175 (S.D. 1900).

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Opinion

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