Ex Parte Dittmarn

Ex Parte Dittmarn NO and another (1919) OPD 103, sometimes called Ex Parte Dittmarn, is an important case in the South African law of succession. The testator’s will provided that a farm should be sold by public auction. A sale was advertised, but the highest bid was not considered high enough to be a true reflection of its value. The farm was therefore withdrawn and sold out of hand for a price considerably higher than the bid. The court confirmed this sale to be valid, as sale by public auction would have resulted in serious loss.

See also

Notes
  • Ex Parte Dittmarn NO and another (1919) OPD 103
  • "Executor" (1920) 37 South African Law Journal 222
  • The Digest of South African Case Law. Consolidated Edition. 1926. Volume 1. p 13.
  • The Law of South Africa. Second Edition. LexisNexis. 2003. Volume 31. para 391.
  • David Meyerowitz. The Law and Practice of Administration of Estates. Fourth Edition. Juta & Co. 1966. pp 118 & 129.
  • Erasmus and De Waal. The South African Law of Succession. Butterworths. 1989. para 214 at p 137.
  • Ex Parte Coetzee (1949) 2 SA 533 (O) at 534


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