Ex Parte Dittmarn
Ex Parte Dittmarn NO and another (1919) OPD 103, sometimes called Ex Parte Dittmarn, is an important case in the South African law of succession. The testator’s will provided that a farm should be sold by public auction. A sale was advertised, but the highest bid was not considered high enough to be a true reflection of its value. The farm was therefore withdrawn and sold out of hand for a price considerably higher than the bid. The court confirmed this sale to be valid, as sale by public auction would have resulted in serious loss