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JUDGMENT
JUDGMENT
AYEBI J.A.
1. As noted by the trial judge the hearing of this case was very protracted. Although the writ of summons was filed on 18/10/07, it was not until 26/06/12 that judgment could be delivered. The subject-matter of the suit involves the estate of Mr. William Davies Agyekum who died testate on 3rd September, 1985. He died possessed of considerable wealth both in terms of movable and immovable properties. And since his death, his estate had known no peace because of various law suits launched by some of his children in courts in Accra and Kumasi against first the executors and then the administrators and vice versa.
2. There is background history to the case. This background history is very instructive in appreciating the facts of the case and the issues raised for determination by the court. I commend the trial judge His Lordship Justice Iddrisu Mahamadu for not only reviewing the facts of the case meticulously but also comprehensively. May his soul rest in perfect peace. Personally, the wranglings over the estate by the children of the deceased in particular sets me wondering whether it is safe to be rich or it is good to be rich at all.
3. The plaintiff/appellant in this suit is one of the adult sons of the deceased at the time of his death. Originally, he sued 4 persons as defendants. The first and second defendants were widows of his late father and the 3rd and 4th defendants were his half brothers paternally. Plaintiff discontinued the suits against the 2nd and 4th defendants because they could not be served with the writ of summons and statement of claim. In any case all the parties are beneficiaries under the Will of the deceased.
4. In his lifetime, the deceased had six (6) wives. The first wife had no child. The second was Madam Elizabeth Eshun or Aba Twekuah bore him seven (7) children namely Henry Kwame Agyekum, Harry Kwame Agyekum, Nana Yaa Agyekum, Helena Dentaa Agyekum, Joseph Akyekum, William Davies Agyekum (Jnr) and Kofi Anane Agyekum (plaintiff herein). The third one had three children, the fourth wife had five children; the fifth who is the 1st defendant herein had four children and the sixth wife had four children. So at the time of the death of the deceased/testator, he was survived by twenty-one (21) children including the plaintiff herein.
5. After the death of the deceased/testator, his two appointed executors applied for and were granted probate. But on 10/02/86, four children of the deceased namely William