In Re Drumheller's Estate

(concurring specially) — I concur in this opinion but would reverse the judgment upon the merits, also. My views of the controlling legal propositions are set out in Division I of Cook v. Estate of Todd, 249 Iowa 1274, 1277, 90 N.W.2d 23, 25, 66 A. L. R.2d 1257, 1262, and authorities there eited. Appellee relies largely upon The Estate of Sunderland (1884) 60 Iowa 732, 13 N.W. 655.

The last reference to the Sunderland case by this court was in Mesecher v. Leir (1950) 241 Iowa 818, 826, 827, 43 N.W.2d 149, 154, which states:

*1386“They [defendants] further argue that the capacity to inherit is…