Greenberg v Estate Greenberg
Facts:
Mr Greenberg and his wife drafted a joint will.
Mr Greenberg dies shortly after making his will.
At the time of his death, he was survived by his wife and his three sons
In his will he said that his property was to go to the sons and the
mother was to have a usufruct over the property during her lifetime.
But on her death, the property would go to the children. They would
become the full owners and have a real right in the property.
However, the three sons die whilst the mother is still alive, and two of
the sons leave descendants behind.
Now the mother is not quite sure what happens to the property.
Does the mother obtain the full right and ownership of the property or
do the sons descendants inherit it?
Legal issue:
When did vesting of the right take place?
Ratio:
Vesting took place upon the testator's death, subject to a usufructuary
interests in favour of the widow.
The beneficiary does not obtain the ownership of the property
immediately on the death of the testator, but instead obtains a vested
right to claim delivery of the property from the executor at some
future date
, Ex Parte Graham 1963
Facts:
Testator left her estate to her adopted son.
Will provided – should the son predecease the testator then the whole
estate was to go to her mother.
Testator and adopted son were both killed in an air disaster in which
all the passengers and the crew also perished.
Registrar of Deeds wanted an order of the court declaring that the
adopted son died before or simultaneously with the testator before
the immovable property could be transferred to the mother
Legal issue:
Application for a declaration that the testator and her adopted son
died simultaneously.
Ratio:
The question of who died first is a question of fact depending on the
circumstances of each case.
The evidence was such that no other conclusion than one simultaneous
death could be reached.
Facts:
Mr Greenberg and his wife drafted a joint will.
Mr Greenberg dies shortly after making his will.
At the time of his death, he was survived by his wife and his three sons
In his will he said that his property was to go to the sons and the
mother was to have a usufruct over the property during her lifetime.
But on her death, the property would go to the children. They would
become the full owners and have a real right in the property.
However, the three sons die whilst the mother is still alive, and two of
the sons leave descendants behind.
Now the mother is not quite sure what happens to the property.
Does the mother obtain the full right and ownership of the property or
do the sons descendants inherit it?
Legal issue:
When did vesting of the right take place?
Ratio:
Vesting took place upon the testator's death, subject to a usufructuary
interests in favour of the widow.
The beneficiary does not obtain the ownership of the property
immediately on the death of the testator, but instead obtains a vested
right to claim delivery of the property from the executor at some
future date
, Ex Parte Graham 1963
Facts:
Testator left her estate to her adopted son.
Will provided – should the son predecease the testator then the whole
estate was to go to her mother.
Testator and adopted son were both killed in an air disaster in which
all the passengers and the crew also perished.
Registrar of Deeds wanted an order of the court declaring that the
adopted son died before or simultaneously with the testator before
the immovable property could be transferred to the mother
Legal issue:
Application for a declaration that the testator and her adopted son
died simultaneously.
Ratio:
The question of who died first is a question of fact depending on the
circumstances of each case.
The evidence was such that no other conclusion than one simultaneous
death could be reached.
