A Bulawayo teacher has taken her late husband and her four step-children to court challenging her exclusion from a will purportedly left by the deceased.
Ms Violer Van Eyssen, who is the surviving spouse of the late Kenneth Gilbert Eyssen, is challenging the validity of the will, which stipulates that she can only inherit cutlery from the matrimonial property.
She had been living with Kenneth for 29 years and they had been married since January 2007 in terms of Section 5:11 of the Marriages Act. The husband died last year in April.
Ms Eyssen is unhappy that her stepchildren inherited the house in Trenance including her matrimonial bed and blankets which she shared with her late husband.
Through her lawyer Mr Bruce Masamvu of Mutatu, Masamvu and Da Silva-Gustavo Law Chambers, Ms Eyssen filed an application in terms of the Administration of Estates Act at the Bulawayo High Court, citing the late Kenneth Gilbert Eyssen’s estate, her stepchildren Lorrain Gerlach (nee Eyssen), Sharon, Rodney, Belinda, and the Deputy Master of the High Court as respondents.
In her founding affidavit, Ms Eyssen said the last will and testament of the late Kenneth Gilbert Eyssen contained clauses which disinherited her of their matrimonial home and assets including the bed and blankets, which she shared with her late husband.
“This is an application for an order declaring the last will attested to by the late Kenneth Gilbert Eyssen invalid and that his estate be registered and finalised intestate. The last will and testament of the late Kenneth Gilbert Eyssen contained clauses which disinherited me of the matrimonial home and assets including the matrimonial bed and all the blankets my husband and I shared,” she said.
“The validity of the last will and testament, therefore, comes into question when the assets of the late Kenneth Gilbert Eyssen, which rightfully according to the laws of Zimbabwe are to be awarded to me, being the deceased’s surviving spouse, are given to someone else.”
Ms Eyssen wants an order declaring the will left by her husband null and void, arguing that it contradicts natural justice principles.
She said the Deputy Master of the High Court has no authority to determine the validity of the will.
Ms Eyssen said if the estate is to be allowed to proceed as per the last will, it would effectively render her a destitute.
“I would lose my matrimonial home which I have stayed in since 1991. I will also suffer irreparable prejudice as I was the only one working as a teacher in the family and taking care of the deceased and our matrimonial home for years until my husband died,” she said.
Ms Eyssen wants the will accepted by the Deputy Master of the High Court on July 27 set aside. “Wherefore, I believe I have laid down a good case warranting the nullification of the will. I therefore pray for an order declaring the will null and void,” she said.
Ms Eyssen said in the event that the respondents oppose her application, they should pay her legal costs. The respondents are yet to respond. The Chronicle
Fraudster arrested after swipping for $390 000 groceries
A fraudster has been arrested after he swiped for groceries worth more than $398 000 at OK Supermarket in Hwange using a bank card that had been tampered with.
The man, Brian Pedzisa of Chitungwiza, was arrested on Thursday and is suspected to be among a gang of people who have been using cloned cards and other bank card related tactics to con various retail shops across the country.
Detectives on Thursday pounced on Pedzisa at the supermarket, moments after he was about to get out after swiping for groceries worth $396 384.
Matabeleland North provincial police spokesperson Inspector Glory Banda confirmed the incident and said police were now looking for two other people linked to the sca
“On 10 June 2021 a gang of three fraudsters tried to defraud OK Hwange Supermarket of groceries worth $396 384.
One of the fraudsters successfully used an electronic Visa card to make purchases but before he could make off he was arrested by a team of watchful detectives who were working on a tip-off. Upon being interviewed the suspect revealed that he was working with two other accomplices who are still at large,” said Insp Banda.
He said the gang had used the same strategy to defraud OK Mart Victoria Falls of an undisclosed amount in groceries. He appealed to members of the public to assist with information leading to their arrest.
“The two accomplices are on the run anyone with information that could lead to the arrest of these two criminals can report at the nearest police station,” said Insp Banda.
He called on shop owners to enhance security to avoid such incidents which were on the rise in the country.
“As police we would like to implore shop owners to enhance security at their premises through use of alarm systems and Closed Circuit Television. Retailers should examine electronic cards and do necessary verifications before processing of electronic transactions. For the record some fraudsters misrepresent themselves as humanitarian workers.”
According to sources privy to the incident, the gang would approach the supermarkets seeking a quotation for groceries pretending that the transaction wanted would be effected from a nostro account. Later one of the gang members would return to make purchases using a Visa card whose microchip would have been tampered with. Sunday News
BREAKING : Former Studio 263 actress Anne Nhira dies in SA
Former Studio 263 actress Anne Nhira who acted as Vimbai Jari in the soap has died.
She was 38 years old.
Her brother Juan Nhira confirmed the news.
“She sustained injuries on her chest area, rib cage and back during a robbery on Monday afternoon in Bedford view South Africa. She was only 38 years of age,” he said.
Juan said her funeral arrangements will be announced in due course. Rest in peace Anne.
Watch: Chivhu mother beheads her four children sets house on fire
Video footage has emerged after a Chivhu mother allegedly beheaded her four children before setting the family house on fire.
Police said on Twitter, “The woman then surrendered herself to the Police.”
National Police Spokesperson Assistant Commissioner Paul Nyathi said he was not in a position to give further details as the case was in it’s infancy.
“Our police officers are still attending the crime scene,” he said.
The incident occurred in Highview suburb in Chivhu which is about 146km from Harare.
The woman’s name and age could not be immediately established.
Meanwhile, videos of the multiple murder scene have surfaced online.
Watch the video below;