Atchison v. Francis

Evans, J.

(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.