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Published:  2016-01-13 Views:  950
Author:  Fanie
Published in:  Harties Heritage/Erfenis
Tolstoy & Lincoln's Contract with their Father

Why should it be necessary to transfer your rights by contract to your children? Could this not have been described in your Will of inheritance? Nevertheless, a contract has been drawn up whereas Johan Hendrik Schoeman transferred his rights as per Notorial Deed 99 of 1922 to his sons Tolstoi and Lincoln. Johan Hendrik Schoeman was one of the children of the late General Hendrik Schoeman and also had a right to do business on the original farm jointly owned with his 6 brothers and sisters.

There has been much asserted regarding the rights that Schoeman transferred to his sons. This contract is made available here to the public for your own scrutiny. 

Lincoln & Tolstoi transferred these rights per contract to other parties. As we have seen these rights derive from Clause (k) of the original sales agreement, as established in Notorial Deed 99 of 1922. Furthermore, the exact same rights have been accommodated in the title deeds of stand owners in Schoemansville and Meerhof townships. (Refer to the Certificiate of Consolidated Title T6201 / 1987). We have also seen that these rights concern access to the dam for purposes of boating and fishing. The Crown Grant endeavoured to afford Schoeman total rights on a section of the Schoemansville oewer (now the Snake Park), while attributing specific rights to 3 other parties, namely the Transvaal Yacht Club, Commercial Boating and a place of access for Schoemansville stand owners according to the right in their title deeds. See related articles:

http://harties.net/articles/485/1918-harties-dam-sales-agreement.php

http://harties.net/articles/439/die-crown-grant-wat-schoemansville-oewer-definieer.php

http://harties.net/articles/493/the-title-deeds-in-schoemansville-meerhof-from-notorial-deed-99-of-1922.php

 

The following important principle was highlighted by Advocate Moller in his legal opinion on the above documentation:

In the transfer of rights it is trite law that a person cannot transfer
more rights than those that he has in accordance with the Roman
principle of nemo plus iuris ad alium transferre potest, quam ipse
haberet. The rights transferred by Schoeman to his sons are not of
any greater extent than the rights that he derived by virtue of clause
(k) and the subsequent registration thereof. Even if the rights
granted to Schoeman could be transferred, the rights transferred to
the sons were the right of access to the dam for purposes of boating
and fishing – and perhaps on an extended interpretation thereof a
right also to boat and to fish. The ambit and extent of these rights
were what they had been agreed in 1918 and no more. There is no
indication that these rights were ever intended by the contracting
parties to be extensive commercial rights.

 

The actual Contract between Schoeman and his sons Lincoln and Tolstoi is as follows: