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March 28, 1980
HIGH COURT
GHANA
CORAM
JUDGMENT OF CECILIA KORANTENG - ADDOW J.
The plaintiff in this case took out a writ of summons for the interpretation of certain paragraphs in the will of his deceased grandfather dated 28 January 1942, and admitted to probate on 21 April 1943. The defendants are daughters of the testator, and the plaintiff is the son of the first defendant. The relevant words for which the plaintiff seeks interpretation are contained in paragraphs 6 and 7 of the will. Paragraphs 6 and 7 read:
"6. I give and devise unto and to the use of my daughters Mrs. Eleanora Laingoye Hesse, and Mrs. Joana Leytchoe Arbenser and to their heirs being issues of their respective bodies as tenants in common, my land with the dwelling [p.413] house and other building thereon situate at Christiansborg, Accra, aforesaid near St. Thomas (Presbyterian Mission School). I direct that failing any heir or heirs of both my daughters, being issues of their respective bodies, the said land and premises shall descend to my nephews Godfried Sai Numo, Nortey, Norteye, Neeboi, Kwablah Numo and Daniel Awuletey and my niece Deidei, Mrs. Bessie Curchod, Yemoley, Norley, Ayakoh, Shomeh, Adaku, Norkor Okantey, and Nardufio and their heirs to be held by them as family property.
7. I give and devise unto and to the use of my daughters, Mrs. Eleanora Laingoye Hesse, Mrs. Joana Leytchoe Arbenser, Mrs. Nardu Bekoe and their heirs as tenants in common.
(a) Two several pieces or parcel of land situate in the town of Adawso in the Akwapim District being my property.
(b) Two several adjoining pieces or parcels of land with cocoa plantation thereon, situate at Amanase in the Akim Abuakwa District Division purchased by me from Ayew and Badu respectively."
The plaintiff also asks for an injunction to restrain the defendants from dealing with the two pieces of land devised by the foregoing paragraphs of the will. When the matter came before me for hearing, I discussed with Mr. Bannerman-Williams counsel for the defendants, whether legal argument could not be taken on the interpretation of the relevant paragraphs, since I felt that would dispose of the matter without wasting precious time to take evidence on the use to which the devisees have put the land. Even though the matter was part-heard before Griffiths-Randolph J. I decided to take legal arguments on the interpretation of those paragraphs.
The matter was adjourned a number of times for counsel for the plaintiff to appear, but he failed to appear. Eventuall
AI Generated Summary
This case involves the construction of paragraphs 6 and 7 of the 1942 will of a Ghanaian testator, admitted to probate in 1943. His daughters, Mrs. Eleanora Laingoye Hesse, Mrs. Joana Leytchoe Arbenser, and (for paragraph 7) Mrs. Nardu Bekoe, were devised properties at Christiansborg, Adawso, and Amanase, with language also referring to “their heirs being issues of their respective bodies as tenants in common.” The plaintiff, a grandson and son of the first defendant, argued that the daughters’ children took immediate equal shares with the mothers. Applying English law via the Wills Act 1837 and principles from Littlewood v. Green and Forest v. Whiteway, the court held that the daughters took as joint tenants for life, with remainders to their issue as tenants in common. The heirs’ interests are contingent and vest after the survivor’s death. The claim was dismissed; judgment for the defendants; no costs.