De Beer v Ooetzer N.O. [1914] ZATPD 61 (2 June 1914)

Will.-V.R.B. Aug., 1890, art. 1222.-Retrospective.-Will not properly executed.-Patent defects.-Acceptance of transfer.Acquiescence.

Volksraad Resolution of the 8th August, 1890, art. 1222, is retrospective and affects testamentary dispositions made before it was passed. A testator by will executed in 1875 left a certain farm to his descendants and by codicil executed in the same year imposed a restraint against alienation of the said farm. B, one of the heirs, who had taken transfer of a portion
of the farm in 1895 in terms of the will and codicil, now applied to have the codicil declared null and void for want of proper execution. Held, that B by taking transfer with knowledge of the defects of execution, which were patent on the face of the codicil, could not succeed.