Transcribed from South Africa Magazine, 26 April 1902

MR RHODES’S WILL

The lawyers are still discussing the provisions of Mr. Rhodes’s will. A contributor of the Law Times points out that: An old statute of Elizabeth prevents real property, or even leaseholds, being given to a charitable purpose. This rule is very strictly observed, and, to avoid it, it is usual to insert a clause directing charitable legacies to be paid exclusively out of pure personalty. If this is not done, not only a moiety, but even the whole, of the charitable legacy may be void. This consideration is of interest as regards the alleged secret trust in Mr. Rhodes’s will. The general residue of his property is described to be both real and personal. But there is no usual clause inserted directing the charitable legacies to be paid out of pure personalty. Since the Wills Act, a secret trust affecting personal estate is required to be in writing. There can be no secret trust for charitable purposes affecting real estate. Hence the question of domicile is of great importance. The Wills Act does not apply to the Colonies, and therefore, if Mr. Rhodes is considered to be domiciled in Rhodesia, it would be enough if he had only verbally communicated to the trustees his intentions of a secret trust…Even if no further sum were involved, if it should be held that Mr. Rhodes was domiciled here, and not in Rhodesia, the Chancellor of the Exchequer would benefit to the extent of 168,000—the estate duty on sums of 1,000,000 and over being 8 per cent. Stocks and shares are not real property generally, and therefore can be left to charitable purposes. It is curious to observe that, apart from the question of domicile, the estate of Mr. Rhodes might fall under the operation of the Finance Act, because the De Beers Company have a share register in London.

NATALIAN EDUCATION

In our last issue we quoted from the educational statistics given by Mr. Robert Russell, the retiring Superintendent of Education in Natal. We may add that the Blue Book before us has a peculiar and somewhat pathetic interest on account of its being the last of the long series identified with the name of Mr. Russell, whose retirement is a distinct loss to the Colony, although its educational system will always bear the imprint of his cultured and wise organizing powers. Mr. Russell notes: “As this is the last annual report I shall sign, being about to retire from the department of which I have been an officer for over 36 years, I wish here to express my heartfelt thanks to all those engaged in teaching who have helped to raise the standard of education in this Colony. More especially do I desire to record my keen appreciation of the devoted services of those teachers who have been more closely connected with me in working to remove the reproach which was at one time attached to the name of ‘Government School.’ The Government schools of Natal, in town and country, are now models of what such schools should be, and their reputation for good work is firmly established, even beyond the bounds of the Colony. This consummation has been achieved solely by the men and women, who, throughout these long years, have faithfully laboured to this end in good and evil report, often in weariness and disappointment, and in the face of difficulties which only a teacher can fully understand. But they have the reward of their works.” In chronicling the return to normal conditions after the war, Mr. Russell points out that new Government schools have been opened at Eshowe, Port Shepstone, and Bellair; while extensive additions are being carried out at the Maritzburg College, Durban High School, and the two Government girls’ schools in Maritzburg. He looks forward to seeing “a large, handsome three-storeyed building erected for the Boys’ Model School in Durban, on that portion of the school grounds which adjoins the Bay Embankment.” Increased attention is being given in all the schools to commercial and practical education. Type-writing and shorthand are regularly taught by efficient instructors; and physical exercises for girls, and military drill for boys, are a part of the regular school curriculum.

THE LATE DR. WILLIAM MORKEL

The death is announced from Somerset West of Dr. William Morkel, who for years past has been laid on a bed of helplessness through a stroke of partial paralysis. The deceased was in days gone by a prominent figure in South Africa. He was especially well known in turf circles, having been intimately associated with the late Mr. Charles Barry, the Hon. John Faure, Mr. Charles Manuel, and other noted turfites of the old Green Point Racecourse in its palmy days. Dr. Morkel was born in 1837, at Morning Star, being the third son of Mr. William Morkel of that place. He received his early education at the Government School, Stellenbosch, then under the mastership of Mr. Humphry McLachlan. Thence he proceeded direct to the University of Edinburgh, where he pursued his medical studies with great diligence. In 1858 he took his M.D. degree, having just completed his 21^st year, and in the same year passed his examination at the Royal College of Surgeons, London. Returning to his native land, he settled down to practice his profession at Caledon, where he immediately recognized the great therapeutic value of the chalybeate springs at that place. He became owner of the property, and started on a course of various improvements, tending to make these waters more generally known to the public. On the discovery of the Diamond Fields he went thither, and was shortly after his arrival appointed District Surgeon of Du Toit’s Pan and Barkly West. There he enjoyed an immense practice, and passed through all the stirring scenes of the troublous times when Sir Richard Southey was Administrator of the Province of Griqualand West. When the first rumours were brought to Kimberley of the new discoveries of gold in the Transvaal, he hastened to join the first pioneers to Barberton, at which place he prospected claims and acquired some properties in the Waterberg region. After some anxious time spent in the Transvaal he returned to the Colony, and settled down at his birthplace, Somerset West.

Miscellaneous Articles on the same page:

Our readers have from time to time, inquired if Transvaal tobacco is obtainable on this side of the water, but we have been unable to find any on sale. Owing to the war there has been neither sowing nor harvesting, so it is improbable that there will be any procurable for some time to come. During our researches, however, we have hit upon a brand of pure tobacco which, in the opinion of many South Africans, is most like the “Transvaal” in flavour. This is the “Veld” brand which is supplied by Messrs. R. Roberts and Sons, Finsbury Pavement.

In the Bloemfontein refugee camp recently 65 young people were confirmed in the Dutch Reformed faith. In order to cope with the great increase in the work through the camp, eight young chaplains are to be ordained in Bloemfontein.

At Pretoria the Coronation Festivities Committee have arranged a three days’ programme for the Coronation, including an open-air religious service, a children’s fete, promenade concerts, banquet ball, and military gymkhana.

The Magersfontein memorial, of which an illustration was given recently in South Africa, and which is to be erected on the highest kopje at Magersfontein, under the direction of the Diamond Fields Scottish Association, has arrived safely in South Africa. It is expected that it will be unveiled on the third anniversary of the battle.