Pearsal - Jones v Jones and Others (28070/2015) [2016] ZAGPJHC 261 (22 September 2016)

Pearsal - Jones v Jones and Others (28070/2015) [2016] ZAGPJHC 261 (22 September 2016)

The court found that the first respondent, although subject to allegations of dishonesty and irregularity, had acted in accordance with the Master's direction and had properly accounted for all funds. The evidence did not establish that his conduct was mala fide, negligent, or unreasonable. The creation of the Owen...

Source-derived case information.

Citation
[2016] ZAGPJHC 261
Parties
Applicant: Jillian Glynis Pearsal-Jones; Respondent: William Edwin Jones; Respondent: William Edwin Jones N.O (As Executor of the estate late Owen Jones); Respondent: William Edwin Jones N.O (As Trustee of the Owen Jones Investment Trust); Respondent: ISMAX (PTY) LTD; Respondent: TELHIRE (PTY) LTD; Respondent: RAFIA MANUFACTURERS (PTY) LTD; Respondent: R HOEK & COMPANY (PTY) LTD; Respondent: ULTRA BADGE & METAL (PTY) LTD; Respondent: The Assistant Master of the South Gauteng High Court Johannesburg; Respondent: The Master of the South Gauteng High Court Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2016
Case Number
28070/2015
Procedural Posture
Review Application / Judgment
Outcome
Application partly granted; first respondent removed as executor by agreement; applicant ordered to pay costs after delivery of answering affidavit.
Judges
C J Collis
Legal Topics
Removal of Executor, Administration of Estates Act, Shareholder Rights, Interpretation of Wills
Civil Procedure Land and Property Removal of Executor Administration of Estates Act Shareholder Rights Interpretation of Wills

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Parties

Jillian Glynis Pearsal-Jones

Applicant

William Edwin Jones

Respondent

William Edwin Jones N.O (As Executor of the estate late Owen Jones)

Respondent

William Edwin Jones N.O (As Trustee of the Owen Jones Investment Trust)

Respondent

ISMAX (PTY) LTD

Respondent

TELHIRE (PTY) LTD

Respondent

RAFIA MANUFACTURERS (PTY) LTD

Respondent

R HOEK & COMPANY (PTY) LTD

Respondent

ULTRA BADGE & METAL (PTY) LTD

Respondent

The Assistant Master of the South Gauteng High Court Johannesburg

Respondent

The Master of the South Gauteng High Court Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the first respondent should be removed as executor of the estate late Owen Jones.
  2. 2 Whether the direction of the Assistant Master dated 14 July 2015 should be set aside.
  3. 3 Whether the deceased's shareholding should be bequeathed to the applicant and first respondent in equal shares.

Ratio Decidendi

The court found that the first respondent, although subject to allegations of dishonesty and irregularity, had acted in accordance with the Master's direction and had properly accounted for all funds. The evidence did not establish that his conduct was mala fide, negligent, or unreasonable. The creation of the Owen Jones Investment Trust and the handling of the deceased's shares were consistent with the shareholders agreement and the legal requirements. The applicant failed to provide objective facts to support her allegations of misconduct. Consequently, the court ordered the removal of the first respondent as executor, as he had agreed to step down, but declined to award costs de bonis...

Court Disposition

Application partly granted; first respondent removed as executor by agreement; applicant ordered to pay costs after delivery of answering affidavit.

Orders

  • The direction of the Ninth Respondent dated 14 July 2015 is set aside and replaced with this order.
  • It is declared that in the last will and testament of the late Owen Jones, the deceased bequeathed his shareholding in the Fourth to Eight Respondents to the Applicant and the First Respondent in equal shares.