Wilcocks N.O. v Visser and Another [1910] ZASCOFSPD 20 (16 November 1910)

Practice.-Pleading.-Application to strike out.-Parol evidence.

Where H, deceased, had made V, his wife, the beneficiary in a life insurance policy issued by N Y Co. on H's life, and it was pleaded (1) that under a notarial deed of separation entered into between H and V the words "assets of the joint estate" would in law include the right to the proceeds of the policy, and (2) that there had been a separate oral agrnement between H and V that H should keep the policy alive for the benefit of the children of their marriage, Held, that the paragraph in which the oral agreement was set up must be struck out on the ground that it added to the written contract consisting of the notarial deed of separation.