Ex Parte: Smit and Another N.O. [1910] ZAHCORC 13 (2 May 1910)

Will.-Legacies.-Election.

Where undivided shares in a farm were bequeathed under a mutual will to the testators' children on payment of a sum of money into the joint estate, and the survivor repudiated, a rule nisi was granted calling on certain of the legatees, who had been called on by the executors to elect, but had failed to do so, to show cause why they should not elect whether or not they would accept half of the bequest granted in the will to be paid from the deceased's half of the joint estate, subject to the payment of half the sum required under the will and costs incidental to transfer of the undivided shares, and, failing such election, why leave should not be granted to the executors to sell the undivided shares and distribute the proceeds in terms of the deceased's will with costs against the legatees who had not already made election.