Dr Benjamin Francois Duminy, d1

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and
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• Updated from MyHeritage Match via brother Jan Andreas Duminy by SmartCopy: Sep 23 2014, 10:30:15 UTC

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Dr Benjamin Francis Duminy graduated from Aberdeen University Medical School (M.B.Aberd) and Royal College of Surgeons, London (M.R.C.S [Lond]) in 1861. He was licensed to practice in the Cape Colony on 1 April 1862 whilst then resident in Durban, Natal. He became a medical practitioner at East London. He became a Town Counsellor for a brief period in February 1877 when he was elected for Ward 1 at the start of the second Triennial Council. He resigned in April 1877 and did not seek re-election. Duminy left East London in the mid-1880s and settled at Dordrecht where he became a member of the Wodehouse Divisional Council. He died at Dordrecht on 26 April 1892 at the age of 52, after a long illness. On 3 rd

January 1884, he raised a £3000 bond, registered on 5 th

February 1884, for the  purchase of "Willow Park" (formerly "Ou Kraal" or "Ox Kraal") in the division of  Wodehouse (later Queenstown), in the fieldcornetcy of Groote Vlei.  On his death, Duminy left a considerable estate. The following are of interest:  1. legacies were only to be awarded on his children attaining the age of 25 years  2. separate provision was made for the education of his minor children, the youngest  daughter and two sons, any surplus funds accruing later to the estate  3. Francois Reynier had a pre-emptive right to purchase "Willow Park" from the estate,  which right he appears not to have exercised  4. at one stage "Willow Park" was rumoured to have had gold deposits on it; this was  later dismissed as nonsense by the executor  5. circa 1902, the executors of the estate of a certain Barnard (sic Bernard) of  Klerksdorp drew the attention of Duminy's long-suffering executor ("the only live  remaining ...") to the fact that Duminy owned farms in the South African Republic (later  Transvaal). These were "Diepwater" district Rustenberg; "Honigfontein" and "Rietfontein"  district Potchefstroom; "Kafferfontein" district Waterberg. Based on a power-of-attorney  granted Barnard by Duminy in June 1890, they claimed the right to sell the farms "for  realization of certain conditions disclosed in said Deed" (registered and dated May  1891). Duminy's legal heirs disputed this right. A legal opinion was sought of the  Hon.W.P.Schreiner KC. in October/November 1902. He opined that the matter needed to be  argued in the Transvaal.   6. Again his opinion was sought in July 1903 regarding execution of the will in relation  to dividing the monies following the completion of the children's education.  7. On 23 March 1914, the 6 th

and Final Liquidation Account was presented to the Master of  the Supreme Court by an exasperated executor with the following note: "The Estate still  stands possessed of a farm in the Transvaal known as Kafferfontein No.176 district  Waterberg which constitutes an asset of the Transvaal Estate and it is impossible to  realize (its value) in so far as the assets within the Cape Province are concerned these  have all be(en) realized (.) the Estate can therefore be considered as having been fully  liquidated".  Duminy R2434/80:  This record consists of minutes from the Colonial Secretary, Transvaal,  to various government officials.  However, there is the following note in the file:  "Stukke wat in hierdie band ontbreek: R2413, 2418, 2420, 2434, 2436, 2446, 2447.   Die  vermiste stukke word in die register vermeld."  In only one handwritten document amongst the estate papers is the spelling D'UMINY used.