South Dakota Supreme Court, 1900

Brace v. Van Eps

Brace v. Van Eps
South Dakota Supreme Court · Decided August 29, 1900 · Fuller
13 S.D. 452; 83 N.W. 572; 1900 S.D. LEXIS 175

Brace v. Van Eps

Opinion of the Court

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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