
    Brace et al. v. Van Eps.
    (Opinion filed August 29, 1900.)
    Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge.
    Action to settle adverse claims to realty. This case was first determined by this court in an opinion filed September 2, 1899, reported in 12 S. D. 191, 80 N. W. 197, in which opinion the judgment of the trial court in favor of the plaintiff was affirmed,
    A rehearing was subsequently granted. This opinion is upon the rehearing. The former decision is adhered to.
    
      Melvin Grigsby and Sioux K. Grigsby, for appellant.
    
      G. G. Hartley, for respondents.
   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.  