Ex Parte Douallier

It has been suggested that this article be merged into Law of succession in South Africa. (Discuss) Proposed since November 2021.

Ex parte De Douallier (1907) 24 SC 282, 17 CTR 147, 17 CTR 391, sometimes called Ex Parte Douallier^[1] is a case in South African succession law. In the case, certain premises had been bequeathed to the petitioner, and after her death to her eldest child, on the condition that she was not to mortgage or alienate the property. The petitioner was too poor to pay the costs of transfer or to repair the premises, which were fast becoming uninhabitable. The eldest child was a minor.

The court, in the interest of the minor, and in order to prevent the bequest from failing altogether, granted leave to mortgage the premises for such sum as would be sufficient to enable the petitioner to obtain transfer and place the premises in a habitable state of repair, and directed that the interest should be paid by her during her life.

See also[]

• South African succession law

Notes[]

• Ex parte De Douallier (1907) 24 SC 282, 17 CTR 147 and 391
• The Digest of South African Case Law. Consolidated Edition. Juta & Co. Cape Town and Johannesberg. 1927. Volume 3. pp 869 & 871.
• Scott and Scott. Wille's Law of Mortgage and Pledge in South Africa. Third Edition. Juta & Co. 1987. p 10.
• David Meyerowitz. The Law and Practice of Administration of Estates. Fourth Edition. Juta & Co. 1966. pp 310 & 320.
• Erasmus and De Waal. The South African Law of Succession. Butterworths. 1989. para 214 at p 137. [1]

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