Page:Gory v Kolver (HC).djvu/8

Rh possession of the movables. He was of the view that the property was to be sold as soon as possible because of debts and the illiquidity of the estate and he therefore sold it for a good price. He indicates that the fourth and fifth respondents told him that they do not want to get involved in the application but do want to carry on with the purchase of the property. He confirms that he allowed the applicant to retake possession of the property on the basis that he pays the bond installments and the municipal account for rates, taxes, water and electricity. He denies that the applicant makes out a case that the sale of the property was invalid and indicates that the Master will not allow him to proceed with the sale until finalization of this matter. As to the applicant's claim for immediate occupation of the property his attitude is that the property was registered in the name of the deceased and that the applicant does not have such a right. As to the return of the movables his attitude is that he had to preserve them for the heirs.

In respect of the prayer for his removal as executor his attitude is that no grounds have been raised for such relief. He says that the applicant's attorneys referred, in a letter of 8 June, to the second- and third respondents as his clients but he denies that they were ever his clients. He says that he does not represent them with their opposition to the application. The second- and third respondents are at present the legitimate intestate heirs until a court finds otherwise. He claims to be independent and undertakes to abide any decision of the court. He interprets prayer 10, which is for costs against him and the second- and third respondents as a prayer for costs against the estate. He states that the deceased's family informed him that the deceased and the applicant had a same sex relationship but not a same-sex partnership. He states: "As ekseketeur van die boedel moet ek die boedel beredder tot voordeel van die erfgenaam/erfgename en het die applikant se konstitusionele regte wat nog nie deur 'n hof bepaal is nie niks met die eksekuteur te doen nie. Indien Applikant se bede 4 sou slaag sou ek as eksekuteur verplig wees om die restant van die boedel wat oorbly nadat skulde betaal is aan hom te betaal. Soos wat die regsposisie tans is, is Tweede en Derde Respondente die regmatige erfgename."