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[2015] ZAGPPHC 664
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Meillon v Barnard (37080/2013) [2015] ZAGPPHC 664 (6 August 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
Case
number: 37080/2013
Date:
6 August 2015
DELETE
WHICHEVER IS NOT APPLICABLE
(1)
REPORTABLE:
YES
/NO
(2)
OF INTEREST TO OTHERS:
YES
/NO
(3)
REVISED
.6/8/2015..
……………
DATE
SIGNATURE
In the matter between:
ANDREW ARTHUR DE
MEILLON
APPLICANT
And
MARGARET CATHERINE
BARNARD
RESPONDENT
JUDGMENT IN THE
APPLICATI ON FOR LEAVE TO APPEAL
PRETORIUS
J
,
[1] This is an
application for leave to appeal against the judgment dated 17 June
2015.
[2] I have considered the
reasons set out in the application for leave to appeal. I have dealt
extensively with the arguments by
both parties in my judgment in the
application. I will not repeat my reasons for my judgment. I do
reiterate that the applicant's
application was supported by the
report of a psychologist and an attorney who both stated that the
deceased had the mental capacity
to execute the will. It had been her
intention that this document would be her last will and testament.
[3]
Therefor for all the reasons set out in my judgment, I am of the
opinion that no other court will reach a different conclusion
on the
facts in this matter.
[4]
I make the following order:
1.
The application for leave to appeal is dismissed;
2. The
applicant is ordered to pay the costs
of the application
for leave to appeal.
__________________
Judge
C Pretorius
Case
number :
37080/2013
Appeal
for leave to appeal
heard
on :
4 August 2015
For
the Applicant
: Adv E Janse van Rensburg
Instructed
by :
BAARTMAN & DU PLESSIS
For
the Respondent :
Adv. AJH Bosman SC
Instructed
by :
WF BOUWER ATTORNEYS
Date
of Judgment :
6 August 2015