¶1(specially concurring). This opinion holds that the terms of the will created no contingency or uncertainty as to the devisees taking thereunder. The necessary effect of this holding is to treat as surplusage the provision relating to the “heirs” of the devisees. I think this is proper. If such provision had been wholly omitted, the, legal effect of the will would still be. the same, under Code Section 3281. On that ground, I concur in the result.
182 Iowa 37
Atchison v. Francis
Decided December 18, 1917
Supreme Court of Iowa · decided 1917-12-18
— K. E. Willcockson, Judge. Action in equity to quiet title. By his answer, the defendant, C. B. Patterson, sets up a claim of title to an undivided part of the property. A demurrer to his answer was sustained, and decree rendered as asked by the plaintiff. Defendant Patterson appeals.
—Reversed and ' remanded · Decided 1917-12-18