oa De Rebus - Upsetting the D'oyly Carte



It is surprising that there does not seem to have been much reaction to the report of the case of Doyle v Board of Executors 1999 (1) All SA 309 (C) - unless it is one of a stunned silence. And yet it appears to be one of those cases which just 'can't be right' . Very briefly, the facts were that Mrs Doyle, the plaintiff's mother, had established an inter vivos trust in 1949 (the judgment refers to 1939 as well , but the later date is probably correct). In terms of the trust deed all the income was to be paid to Mrs Doyle until her death, when the trust was to come to an end and the capital was to devolve upon her children, provided that they had attained the age of twenty-five years. In the event , Mrs Doyle had only one child, a son, who had attained the age of twenty-five years by the time she died in 1994.


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