Page:Gory v Kolver (HC).djvu/15

Rh void. The first respondent was not nominated by will but he was nominated by intestate heirs who were not heirs. In my view that is one factor pointing to his removal. Because of the way in which he treated the applicant I am of the view that it is desirable that he be removed in terms of section 54(1)(a)(v).

The applicant is at present in the property and he pays the bond payments and the municipal account for rates, taxes, water and lights. In my view that position must be maintained, pending finalization of this matter. The sale of the property has not been approved by the Master. I do not think that there is any good reason why the sale shall not be declared as of no force and effect. If, the order which I plan to make, is not confirmed the first respondent may very well enter into a new agreement with the fourth and fifth respondents. As far as the movables are concerned Mr. Prinsloo indicated that the second- and third respondents deny that X2 is a correct reflection of what they received. On the first page they deny having received item 2, the speedo costume, under item 5 a cash amount of R180,00 and they are not able to identify item 7, which is very vague. On the second page they say that Mr. Brooks, the second respondent's name should not appear in the eighth line. They also deny having received item 44, a green mat. The applicant did not make an issue of it. I have accordingly deleted those items from X2 and initialed the amendments.

In terms of section 172(2)(b) of the Constitution, a court may make interim orders pending the confirmation or otherwise of its order, by the Constitutional Court. In my view the administration of the estate must be suspended, the movables must be returned to the applicant and the contract of sale of the property must be declared of no force and effect. The removal of the first respondent as executor will only become final on confirmation of prayers 1 and 2.

As far as costs are concerned it is my view that the first respondent was obstructive and tried his best to steamroller the administration of the estate through on a basis that the applicant's claim be negated. He was aided and abetted by the second- and the third respondents. The estate is a modest one. It will be wrong to mulct the estate