Horowitz v Brock (168/85)
Horowitz v Brock (168/85) [1987] ZASCA 126; [1988] 2 All SA 15 (A) (5 November 1987)
The Supreme Court of Appeal held that the previous ruling of the Transvaal Provincial Division did not constitute res judicata or issue estoppel, as the issue of the proportions to which the beneficiaries were entitled was not made part of the order and was not fully canvassed as an issue between the parties. The court found sufficient indicia in the will to rebut the presumption that 'children' refers only to descendants of the first degree. The testators intended that Annie Brock's share in the trust corpus should devolve equally upon her surviving children and, by representation, upon the…
Source excerpt
- Testamentary Trusts
- Will Interpretation
- Res Judicata
- Issue Estoppel
- Representation In Succession