Brook & Others v Brook's Executors and Another [1915] ZATPD 95 (3 December 1915)

Will.-Bequest of property subject to conditions in a certain letter.
-Failure of testator to write letter.-Evidence as to intention.
-Effect of bequest.

A testator, in bequeathing certain property to S, declared that it should not accrue to S unless the executors certified in writing that S had complied
with all the conditions laid down by the testator in a certain letter. The testator died without having written such letter. Held, that extraneous
evidence relevant to the question why the testator did not write the letter was admissible. Held, further, that as the non-performance of the condition
was due to some cause over which S had· no control, and as the testator had failed to write the letter in question, S was entitled to the bequest.