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« on: Monday 13 June 11 19:30 BST (UK) »
Try this interesting note:
Cape Times Law reports says in 1881 the testator's daughter Mary Ann Cecelia Meyer married in England, the Rev BW Clinch. N. W. Meyer died on 6th February, 1880, and after his death his widow, who survived, him, continued to have and enjoy the use of the house "Fairbank," or the rent thereof, until her death. In 1881 the testator's daughter Mary Ann Cecilia Meyer married in England the Rev. B. W. Clinch. That marriage still subeista; there has however been no issue of it, and for some years Mr. and Mrs. Clinch have lived apart. Mrs. Clinch (M. A. C. Meyer) was at the date of the application 54 years of age or thereabouts. Since the death of the widow Meyer " Fair- bank " has been let and the rent paid to Mrs. Clinch, after deducting such expenditure as was necessary for repairs. " Fairbank " is an old house and the petitioners alleged that the expenditure for repairs was out of proportion to the return derived from it, and that certain tmctunl renoTatioxiB and eztensire repairs were moreoyer urgently required which were estimated to coet £153. The petitioners further alleged that it would moei distinctly be to the adrantage of Mrs. Clinch, and of the persons to whom the house would ultimately deyoe, that the house should he soldf as it was steadily deteriorating in value, and the market for landed property was now good That the Registrar of Deeds, in view of the terms of Uie will, declined to pass transfer without the consent of the Court. The prayer was that the petitioners might be permitted to sell the house, either privately or by public sale, upon the condition that the proceeds thereof, after deducting the costs of the sale and of the present application, should be invested upon the like trusts as were by the will prescribed in respect of the house, or, that they might be permitted to mortgage the property for such sum, not exceeding £200, s might be required for the repairs, and for the costs of the application and of the bond. Mrs. Clinch and her brothers and sisters eonsented to the sale on condition that the proceeds were invested In terms of the trust oonstituted by the will