PELMOLINE KWASHIE, KUDZOE FUMMEY, KUMA COMFORT FUMMEY, ADZOYO FUMMEY, ESI FUMMEY, GRAHAM FUMMEY, MARGARET FUMMEY AND ELIZABETH FUMMEY v. MRS. VERGINIA AKLADE (NEE FUMMEY)

“My understanding is that a Will is a very special and solemn legal document

in which a person declares his wishes as to how his property should be

distributed, disposed of or managed after his death, and the greatest respect

due to a deceased person is in my opinion, to give effect to his ‘Last Will and

Testament’ unless there are compelling reasons militating against doing so”.

After the grant of probate of the last Will and Testament of Late John Wisdom

Humphrey Fummey had been granted by the High Court Accra to the

Defendant, the Plaintiff herein felt compelling reasons why same ought not

to have been granted to the Defendant.

Pursuant to that the Plaintiffs had instituted this action claiming against the

Defendant as follows:-

1. A declaration that the Probate granted to Mrs. Virginia Aklade (Nee

Fummey) as the sole Executor of the Estate of late John Wisdom

Humphrey Fummey on the 4th September, 2007 is invalid, void and of

no effect.

1. An Order revoking and setting aside the grant of Probate in respect of

the Will of late Wisdom Humphrey Fummey to the Defendant by the

High Court, Accra on the 4th September 2008.

1. An Order for Account by the Defendant from the date of Probate to

the date of Judgment.

1. Perpetual Injunction restraining the Defendant, her agents, assigns,

servants or anybody from carrying out, holding themselves in any

manner or as executor or trustees or trust body of the estate of the late

John Wisdom Humphrey Fummey.

1. Any other reliefs(s) as to the Court seems to meet.

The Defendant on the other hand sees the grant of the Probate to her to be

proper. She sees the codicil as invalid and improper.

The Defendant has thus Counter-claimed again the Plaintiffs as follows:-

1. “An Order excluding the codicil from the Will of the Deceased Testator as it

was fraudulently obtained”.

PLAINTIFFS CASE:

The 1st Plaintiff is the widow and one of the Executors of the Will of late John

Wisdom Humphrey Fummey who died on the 4th August 2007. The 2nd – 8th

Plaintiffs are surviving children of late John Wisdom Humphrey Fummey.

Defendant is also a surviving child of the late John Wisdom Himphrey

Fummey.

According to the Plaintiffs, the late John Wisdom Humphrey Fummey on the

20th October 1993 made a Will and subsequently a codicil. The 1st Plaintiff,

Defendant and one Mr. R.A. Amegashie were appointed as the Executors of

the said Will.

The Plaintiffs state that they engaged one Lawyer Gallant Akorly to prepa