Saunders v. Wilson

(dissenting). — I join in the dissent written by Albert, J., that the remainder in question is a vested remainder. The remainder is vested in the children as a' class, subject to open up and let in after-born children, or is defeasible if a child predecease the life tenant and has no children surviving him.

In holding the remainder vested, the dissent recognizes Iowa precedent in accord with Archer v. Jacobs, 125 Iowa 467, and is in harmony with the current of authority in America and England in the recognition of the correct legal theory on this subject, as pronounced by all leading…