Linde v Cohen N.O. [1914] ZATPD 72 (29 June 1914)

Husband and wife.-An,tenuptial contract.-lrzsolvency of husband.-Savings by wife out of household allowance will oderate amount.-Unpaid balance due under antenuptial contract.-Bona fide gift.-sec. 39, Law 13 of 1895.

L and his wife were married out of community of property in September, 1911. L gave his wife £25 to £30 per month with which to defray household expenses and for a period of twelve months the wife kept a boarder in her husband's house who paid her £5 10s. per month. In July, 1913, the wife retained a,n unspent balance of these moneys of £110. In October, 1913, L's
estate was sequestrated. In an action brought by the trustee in L's insolvent estate against the wife for the recovery of the said £110, Held, that in the absence of any evidence to enable the Court to judge whether the amount saved by the wife from the said moneys was, having regard to L's income and occupation a moderate amount, the said £110 remained part of L's estate.
In terms of the antenuptial contract L promised to give his wife on demand cash to the value of £1,200. Before marriage he gave her £200, but at the date of insolvency £1,000 remained owing. Held, that where money which purports to be given by an antenuptial contract is not paid over the person who relies upon the antenuptial contract must produce prima facie proof that the gift was made bona fide in order that it should not lose its effect under section 39 of the Insolvency Law.