Geffen NO v Croeser (245/91) [1992] ZASCA 212 (27 November 1992)

Geffen NO v Croeser (245/91) [1992] ZASCA 212 (27 November 1992)

The Supreme Court of Appeal held that the will was valid, as it was complete and regular on its face and the appellant failed to discharge the onus of proving invalidity. The evidence indicated that Nurse Osier's signature was genuine, and there was no suggestion of forgery. The court found that the oral confirmation by the testator to Mrs Scott was sufficient to remove the respondent's disqualification as writer of the will, as the confirmation related to the testamentary provision and was made after execution. The court accepted Mrs Scott's evidence as credible and trustworthy, and concluded that the testator intended to confer usufructuary rights to the respondent. The appeal was...

Citation
[1992] ZASCA 212
Parties
Appellant: P. Geffen N.O.; Respondent: Jacob Martinus Croeser
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 1992
Case Number
245/91
Procedural Posture
Civil Appeal / Appeal From Trial Court
Outcome
Appeal dismissed with costs to be paid out of the estate of the late Nathan Weinstein.
Judges
Hoexter, Van Heerden, Grosskopf E M, Eksteen, Howie
Legal Topics
Validity of Wills, Testamentary Usufruct, Onus of Proof, Oral Confirmation of Will
Land and Property Civil Procedure Validity of Wills Testamentary Usufruct Onus of Proof Oral Confirmation of Will

Case Brief

Summary, issues, holding and outcome

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Parties

P. Geffen N.O.

Appellant

Jacob Martinus Croeser

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court

Legal Issues

  1. 1 Whether the will executed by the late Nathan Weinstein was valid in terms of South African law.
  2. 2 Whether the respondent was entitled to usufructuary possession of the house under the will.
  3. 3 Whether oral confirmation by the testator to a third party sufficed to remove the respondent's disqualification as writer of the will.

Ratio Decidendi

The Supreme Court of Appeal held that the will was valid, as it was complete and regular on its face and the appellant failed to discharge the onus of proving invalidity. The evidence indicated that Nurse Osier's signature was genuine, and there was no suggestion of forgery. The court found that the oral confirmation by the testator to Mrs Scott was sufficient to remove the respondent's disqualification as writer of the will, as the confirmation related to the testamentary provision and was made after execution. The court accepted Mrs Scott's evidence as credible and trustworthy, and concluded that the testator intended to confer usufructuary rights to the respondent. The appeal was...

Court Disposition

Appeal dismissed with costs to be paid out of the estate of the late Nathan Weinstein.

Orders

  • The appeal is dismissed.
  • The costs of the appeal, including the costs of the application for leave to appeal, are to be paid out of the estate of the late Nathan Weinstein.