« PreviousContinue »
Hall's Trustee vs. Hall
1 11 119 12 62
326 65, 71
13 121 38
Van Aardt vs. Hartley's Trustees
Warner's Trustees vs. Wicht
Law No. 13, 1895.
Sequestration and its Consequences. 1. Any person who shall be desirous of voluntarily surrendering his estate as insolvent for the benefit of his creditors may apply by written petition to that effect to the High Court or a Circuit Court.
2. Such petition may be made :
(a) On behalf of the estate of any person who is absent
from the Republic, by anyone who is duly authorised
by power of attorney to administer such estate. (6) On behalf of the estate of a deceased person, or of a
person who is legally or actually incapable of managing his own estate, by anyone who is lawfully charged
with the management thereof. (c) On behalf of the estate of any partnership, by the
majority of the partners present or represented in the Republic.
NOTES. (a) In Ex parte l'an Eden, N.0. (2 0.R. 361) the Court granted a petition for voluntary surrender of an absentee's estate, made by the holder of his general power of attorney.
(b) In Ex parte Farreliy's Executor (not yet reported) the Witwatersrand High Court granted an application for surrender of the estate of a deceased person, made by his executor.