Ex Parte Dittmarn
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Ex Parte Dittmarn NO and another (1919) OPD 103, sometimes called Ex Parte Dittmarn, is an important case in the South African law of succession. The testator’s will provided that a farm should be sold by public auction. A sale was advertised, but the highest bid was not considered high enough to be a true reflection of its value. The farm was therefore withdrawn and sold out of hand for a price considerably higher than the bid. The court confirmed this sale to be valid, as sale by public auction would have resulted in serious loss.
See also[]
- South African law of succession
Notes[]
- Ex Parte Dittmarn NO and another (1919) OPD 103
- "Executor" (1920) 37 South African Law Journal 222
- The Digest of South African Case Law. Consolidated Edition. 1926. Volume 1. p 13. [1] [2]
- The Law of South Africa. Second Edition. LexisNexis. 2003. Volume 31. para 391.
- David Meyerowitz. The Law and Practice of Administration of Estates. Fourth Edition. Juta & Co. 1966. pp 118 & 129.
- Erasmus and De Waal. The South African Law of Succession. Butterworths. 1989. para 214 at p 137. [3]
- Ex Parte Coetzee (1949) 2 SA 533 (O) at 534
Categories:
- South African persons case law
- South African case law stubs