Kelaart v. Van Twest – SLR – 353, Vol 1 of 1981 – sllr 1981 volume 1 page 353

In the case between Kelaart and Van Twest, involving two adopted daughters of the testator, the dispute centered on the enforceability of an option to purchase a one-third share in the property known as “Ralston House” pursuant to the testator’s Last Will and Testament. The principal legal issue was the interpretation and reconciliation of clauses 8 and 9 of the Will, which appeared to provide conflicting directions concerning the sale of “Ralston House” and division of its proceeds. Additionally, the legal effect of the Abolition of Fidei commissa and Entails Act No. 20 of 1972 on the parties’ respective property rights was at issue. It was held that the absolute title vested in the defendant-appellant by operation of the Act precluded the enforcement of the plaintiff-respondent’s option