Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son ; it can also mean by the firstborn daughter.
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it.
Dow v. United States, 226 F. 145, is a United States Court of Appeals, Fourth Circuit, case in which a Syrian immigrant, George Dow, appealed two lower court decisions denying his application for naturalization as a United States citizen. Following the lower court decisions in Ex Parte Dow (1914) and In re Dow (1914), Dow v. United States resulted in the Circuit Court's affirmation of the petitioner's right to naturalize based, in the words of Circuit Judge Woods, on "the generally received opinion. .. that the inhabitants of a portion of Asia, including Syria, [are] to be classed as white persons".
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another was an important case in South African customary law.
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.
Jamestown, also known as Webersvallei, is a quiet rural settlement on the southern outskirts of Stellenbosch in the Cape Winelands District of the Western Cape province of South Africa. It is situated next to Blaauwklippen Vineyards, on the eastern side of route R44 from Stellenbosch to Somerset West and the Strand coastal resort. The main access from the R44 is via Webersvallei Road, the main road in Jamestown with watererven – long, narrow agricultural plots on the south bank of Blouklip River – on the north side of the road and residential plots on the south side of the road.
Insolvency in South African law refers to a status of diminished legal capacity imposed by the courts on persons who are unable to pay their debts, or whose liabilities exceed their assets. The insolvent's diminished legal capacity entails deprivation of certain of his important legal capacities and rights, in the interests of protecting other persons, primarily the general body of existing creditors, but also prospective creditors. Insolvency is also of benefit to the insolvent, in that it grants him relief in certain respects.
Ex Parte Graham 1963 (4) SA 145 (D) is an important case in the South African law of persons and succession. Briefly, the deceased left a will stipulating that her adopted son would inherit her estate in the event of her death. The will added, however, that, if he predeceased her, her mother would inherit the estate.
In Ex Parte Steenkamp and Steenkamp, an important case in the South African law of succession, Mr. and Mrs. K. bequeathed a farm and certain movable property to their children born and to be born of their daughter. Their son-in-law subsequently murdered Mr. and Mrs. K. At the time of their deaths, Mr. and Mrs. K's daughter and son-in-law had two children, and the daughter was pregnant with a third child. The nasciturus was born alive, but died when it was six months old. In terms of the Intestate Succession Act, Mr. and Mrs. K.’s daughter and son-in-law would inherit from their infant child.
In Ex parte Stephens' Estate, an important case in the South African law of succession, the deceased disposed of his estate in terms of fractions, but only provided for nine tenths of the estate. One tenth, therefore, was not provided for. It was argued that it should be divided among the named beneficiaries in the will.
In Ex Parte Estate Davies, an important case in South African succession law, the testator bequeathed £2000 in his will to a person who was not named in the will itself, but on a document which was in a sealed envelope given to his attorney. This document was not signed by witnesses.
In Ex Parte Lutchman, an important case in South African succession law, the deceased had left certain property to his six children in equal shares in a validly executed will. One of the deceased's children took out three life insurance policies on his father's life and explained to his father that in order for him to get the benefits of the policies when he died, he must draft a new will. The only provision in the second will was that the son was appointed the sole heir of the insurance policies, so he did not deal with any of the rest of his estate. Furthermore, he accidentally included a revocation clause in the new will, so its effect was that everything except the insurance policies devolved according to the law of intestate succession. At that stage, extra-marital children of persons marriage in terms of Hindu custom could not inherit intestate. The children of the deceased approached the court to declare the second will invalid insofar as it revoked the previous will. The court held that the revocation clause in the second will was obviously a mistake, so this clause was held to be pro non scripto.
In Van Zyl v Esterhuyse, an important case in the law of succession in South Africa, the applicant applied for the rectification of a joint will executed by herself and her deceased husband. The will appointed her as the sole heir subject to the conditions
Ex Parte Naude was an important case in South African succession law. It involved a testator who had set aside three of the shares into which he had divided his estate. This was done for the purpose of establishing a trust fund—with power to the trustees to invest the capital constituting the trust—and an obligation imposed upon them to use the interest derived from the investments for certain specified purposes. In the event of a surplus of interest over and above the amount required for the said purposes, they were to apply the surplus in augmentation of the trust fund. The capital of the fund, however, was not to exceed £50,000.
Ex parte Estate late McDonald 1945 NPD 348, sometimes called Ex Parte McDonald was an important case in the South African law of succession, in which the testator bequeathed his entire estate to a trust subject to the granting of a usufruct in favour of his wife, so long as she remained unmarried, in which she received the full use and enjoyment of the income of his estate. Her life interest was subject to the condition that she should provide for, maintain and educate the children during their respective minorities.
In Ex parte Slabbert, an important case in South African insolvency law, the applicant applied for surrender of an estate. In the application, it appeared that the copy of the notice of surrender, required by section 4 of the Insolvency Act, had stated that the applicant's statement of affairs would lie for inspection with the Master for a period of fourteen days from April 26. The date in the notice, however, was the 29th. In other words, there was a discrepancy with regard to the dates.
In Ex parte Harmse, an important case in South African insolvency law, the applicant's statement indicated an excess of assets over liabilities, but the only evidence that he adduced to prove otherwise were certain letters written by estate agents or valuers. The court held that the applicant had failed to adduce sufficient evidence to establish on a balance of probabilities that he was insolvent: “It is only acceptable and admissible evidence which can displace the prima facie inference of solvency when the applicant’s own estimate of values exceeds the amount of the liabilities.”
In Ex parte Alberts, an important case in South African insolvency law, the applicant's schedules showed assets to the value of £76 and fifteen creditors for £300. The court held that, before a court may accept a voluntary surrender,
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
