inventory from a surviving parent.[1] In South Africa every tutor and every curator must make such inventory within thirty days[2] of the date of his entering on office. If a guardian fails herein, he is liable (besides other penalties)[3] to removal; as he is, also, if he wilfully omits items of credit or inserts false items of debit.[4] A surviving parent who, in preparing the inventory, fraudulently conceals any property forfeits his or her interest therein.[5] A similar inventory must be made by parent or guardian in the event of any property coming to a minor from any source whatever, e. g. by testament, either during the lifetime of both parents or after the death of one or both of them.[6] The inventory when complete must be delivered to the Orphan Chamber,[7] or in Cape Colony to the Master of the Supreme Court.
(3) to distribute the estate;
3. Distribution of the estate. The next duty of the guardian (and this is the object of the inventory), is, subject to the control of the proper authority, to see that each child has assigned to him his proper share in the property in question.[8] This done, the guardian proceeds- ↑ Gr. 1. 9. 3 and 8; Van Leeuwen, 1. 16. 6; Voet, 26. 7. 4; V. d. K. Th. 135–6 and 146; V. d. L. ubi sup. The first-dying parent may not dispense the survivor from the duty of preparing an inventory. V. d. K. Th. 137.
- ↑ Administration of Estates Act, 1913, sec. 85.
- ↑ Ibid., sees. 108–9.
- ↑ Voet, 26. 7. 5.
- ↑ Gr. 1. 9. 4, and Schorer's note ad loc.; V. d. K. Th. 139, dissenting from Voet (26. 7. 5), who questions whether forfeiture obtains. Semble, in any event an action lies for damages.
- ↑ Gr. 1. 6. 1; and 1. 9. 5. If a curator nominate has been appointed to the property in question, the duty of making an inventory falls on him and not on the parent. V. d. K. Th. 140–1.
- ↑ Gr. 1. 9. 3 and 8; Van Leeuwen, 1. 16. 6; V. d. K. Th. 135 ff. A testator might by his will: (1) exclude the Orphan Chamber; (2) remit the duty of accounting; but such directions were not always effectual. Gr. 1. 9. 3; Van Leeuwen, 1. 16. 3 and 6; Voet, 26. 7. 4; V. d. K. Th. 135–8. In the latter case it was sometimes permitted to furnish an inventory closed and sealed; and Cape Law allowed this course: (a) when the testator had so directed; (b) in the case of a surviving spouse whom the deceased spouse had appointed tutor and boedelhouder. Ord. 105, 1833, sec. 18. This is now repealed. There is no corresponding provision in the Administration of Estates Act, 1913. For Boedelhouder see below, p. 100.
- ↑ Gr. 1. 9. 6 and 8; V. d. K. Th. 142.
