In 1953 Mr Druiff (the donor) created a trust deed for the benefit of his four children and failing them, his grandchildren.
Ms Harper, one of Druiff’s children, was unable to have any children of her own and adopted two children.
Harper approached the Western Cape Division of the High Court for confirmation as to whether her adoptive children fell within the interpretation of the words “children”, “descendants”, “issue” and “legal descendant” found in the trust deed.
Harper stated that she had told her father that she was considering adoption. She argued that to exclude her adopted children would amount to unfair discrimination on the basis of their birth.