ADA BEIGH v. COLIN SHAW
1936
WEST AFRICA COURT OF APPEAL
GHANA
CORAM
- KINGDON, C.J.
- WEBBER, C.J.
- YATES, J.
Areas of Law
- Probate and Succession
- Equity and Trusts
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
1936
WEST AFRICA COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appellate decision arises from the estate of Job Beigh and a dispute between legatee Ada Beigh and executor Colin Shaw over administration and accounting. Gray, J. of the Supreme Court of the Gambia entered judgment for Ada in £800 13s. 5d., after ordering valuations and accounts covering the mortgage on 12 Hagan Street and shop assets at 17 Piston Street, along with profits at five percent interest and annual rests. On appeal, the Court examined grounds including capital improvements to Ada’s life-estate property at 10 Leman Street, mortgage accounting, delivery of goods, profits, breach of trust, admissibility of further evidence, and the proper form of accounts. Noting issues such as non-production of the mortgage deed and the need to scrutinize improvement expenditures and executor indemnity, the Court remitted the matter to the lower court for enquiry into repairs and improvements at 10 Leman Street, directing that judgment be entered for either party depending on the balance found. Two judges recorded a concurrence.
This is an appeal from the judgment of Gray, J., of the Supreme Court of the Gambia, who gave judgment in favour of the plaintiff-respondent for the sum of £800 13s. 5d. and costs against the defendant-appellant. The plaintiff’s claim was as a legatee under the will of Job Beigh, deceased, to have the real and personal estate of the said Job Beigh administered and an account rendered of what is due to the plaintiff under and by virtue of the said Will. The Will is dated 1st November, 1926, and Job Beigh died on December 19th, 1927. The defendant is sued as one of the executors of the deceased.
The original writ was issued on the 19th June, 1934, in which the plaintiff’s claim was against two executors. On the 28th June, 1934, there appeared an alteration of the writ numbered as Suit No. 19/1934, in which Jean Pierre Beigh was added as co-plaintiff, and on the 15th November, 1934, nearly five months after, a further alteration of the caption of Suit No. 19/1934 was made, in which two more plaintiffs were added, namely Joanna Beigh and Adelaide Fye. There is no record to show how these plaintiffs were joined—suffice it to say the action was finally heard and determined between Ada Beigh as plaintiff and Colin Shaw as defendant. The three co-plaintiffs, who were added, dropped out of the case, apparently satisfied with the accounts rendered and payments adjusted.
Ada Beigh, who was the wife of the testator, was the largest beneficiary under the Will. To her was granted a lot of land, No. 10 Leman Street, for the term of her natural life, with remainder to Father Superior of the Roman Catholic Mission at Bathurst; the whole of the amounts due on mortgage of 12 Hagan Street, Bathurst, that is to say, both principal and interest for her absolute use and benefit; and all the goods in the shop at 17 Piston Street, Bathurst, the stock-in-trade and personal effects belonging to the testator in connection with or used for purposes of trade and the benefit of all contracts subsisting and all cash loan accounts.
After hearing the parties the learned Judge ordered an enquiry as to the value on the 19th December, 1928, of the security comprised in the indenture of mortgage of 12 Hagan Street; an account of amount due under the said mortgage up to date and of moneys received by the defendant in respect of principal and interest; and an enquiry as to the value on the 19th December, 1927, of all goods in the shop at No. 17 Piston Street and all other personal effects and