- Flynote
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Land -Transfer - Right of Heirs to Land purchased by Testator, but transferred to Surviving Parent
- Case summary
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Where a creditor of a surviving spouse had attached certain land which had been purchasea in the lifetime of both spouses who were married in community, but which had only been transferred to the survivor after the death of the other spouse.
Held, that the attachment was good notwithstanding the fact that
portion of the said land had been awarded to the children of the spouses in the liquidation account in the estate of the deceased, the children having no real right to the said land
(Bekker's Executor vs Bekker's Trustee, 1908, T.S. 553 and Bekker's Trustee vs The Master and Others, 1909, T.S. 646 explained and followed).
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