Webb v Davis NO and Others (311/96) [1998] ZASCA 10; 1998 (2) SA 975 (SCA); [1998] 2 All SA 584 (A) (17 March 1998)

Webb v Davis NO and Others (311/96) [1998] ZASCA 10; 1998 (2) SA 975 (SCA); [1998] 2 All SA 584 (A) (17 March 1998)

The Supreme Court of Appeal held that the bequest to Rodney was not subject to suspensive conditions but rather to a modus and a resolutive condition. The testator intended that Rodney would acquire a vested right to the estate upon his death, with the obligation to pay his brother R70,000 and register a mortgage bond as security. The phrase 'fall away' in the will indicated a resolutive condition, which does not postpone vesting but may divest the right if the condition is not fulfilled. The Court found that the right vested in Rodney a morte testatoris and was transmissible to his heirs, as there was no indication in the will that the testator intended to limit the right to Rodney's...

Citation
[1998] ZASCA 10
Parties
Appellant: Gary Rupert Webb; Respondent: Richard Gerald Nation Davis NO; Respondent: The Master of the Supreme Court of Transkei; Respondent: Colleen Webb
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 March 1998
Case Number
311/96
Procedural Posture
Civil Appeal / Appeal From the Transkei Supreme Court
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Mahomed, Marais, Zulman, Plewman, Melunsky
Legal Topics
Testamentary Interpretation, Vesting of Bequests, Transmissibility of Rights, Suspensive and Resolutive Conditions
Land and Property Civil Procedure Testamentary Interpretation Vesting of Bequests Transmissibility of Rights Suspensive and Resolutive Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Gary Rupert Webb

Appellant

Richard Gerald Nation Davis NO

Respondent

The Master of the Supreme Court of Transkei

Respondent

Colleen Webb

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transkei Supreme Court

Legal Issues

  1. 1 Whether the bequest to Rodney Ernest Webb vested a morte testatoris or was subject to suspensive conditions.
  2. 2 Whether the vested interest in the estate was transmissible to Rodney's heirs.
  3. 3 Whether the failure to pay the full bequest price or register a mortgage bond affected vesting or transmissibility.

Ratio Decidendi

The Supreme Court of Appeal held that the bequest to Rodney was not subject to suspensive conditions but rather to a modus and a resolutive condition. The testator intended that Rodney would acquire a vested right to the estate upon his death, with the obligation to pay his brother R70,000 and register a mortgage bond as security. The phrase 'fall away' in the will indicated a resolutive condition, which does not postpone vesting but may divest the right if the condition is not fulfilled. The Court found that the right vested in Rodney a morte testatoris and was transmissible to his heirs, as there was no indication in the will that the testator intended to limit the right to Rodney's...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs consequent upon the employment of two counsel.