Ex parte: Van Aardt [1911] ZATPD 89 (16 June 1911)

Gift - Donation to Minors - Acceptance - Presumption

Where there is clear evidence of a donation on the part of a person who is in a position to accept for minor donees, and such donation puts it out of his power by his mere volition to resume the gift himself, acceptance of the donation on behalf of the minor donees will be implied.

Where a grandfather had transferred certain land to his son, on condition that he should enjoy a life interest, and thereafter the said land should devolve on his eldest cliild, then a minor, and in turn to the eldest child in each generation with a restriction on alienation.

 Held, that the gift must be presumed to have been accepted on behalf of the minors interested.