Brace v. Van Eps

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.