Louw and Others v Absa Trust Limited and Others (19085/2007) [2014] ZAWCHC 159

31st October 2014

Louw and Others v Absa Trust Limited and Others (19085/2007) [2014] ZAWCHC 159

JUDGMENT DELIVERED ON 28 OCTOBER 2014

 

BINNS-WARD J:

[1] During his lifetime the late Francis Albert Murray Louw (‘F.A.M. Louw’) was the owner of the farm Vierlanden on the outskirts of Durbanville.  The farm, which was approximately 230 ha. in extent, comprised of three portions, the smallest of which was Erf 1604, Vierlanden Estate, Durbanville, being 5.1603 ha. in extent.  In terms of his will Vierlanden was bequeathed in trust until the death of his son, whereupon it was to devolve in equal shares on his grandchildren.  His widow and, after her demise, his son, also named Francis Albert Murray Louw, and his daughter, Brunhilde Emilia Murray Marais, were appointed as the income beneficiaries of the testamentary trust.  The executor dative of the deceased estate, Volkskas Limited, was nominated as the trustee in terms of the will.  F.A.M.  Louw died on 20 June 1973.  The liquidation and distribution account in respect of his estate duly reflected that the portions of land making up Vierlanden were transferred to Volkskas Limited as trustee of the F.A.M. Trust.  Mr T.F.B. Erlank, in his capacity as manager of the estates division of Volkskas Limited, Cape Town, was appointed, in terms of ss 14 and 16 of the Administration of Estates Act 66 of 1965, as the nominee of Volkskas Limited in respect of the administration of the Trust on 5 July 1973.