RE ARMAH-KWANTRENG (DECD.); ARMAH-KWANTRENG AND OTHERS v. ARMAH-KWANTRENG

This is an application brought by Dorothy Armah-Kwantreng under sections 11 and 14 of the Public Trustee Ordinance, 1952 (No. 24 of 1952), for the removal of the existing executor-trustees of the will of Kwamla Armah-Kwantreng, deceased, and for the appointment by way of substitution of the Registrar-General as Public Trustee. The latter having been served with the motion on notice, appeared and informed the court that he would have no objection to undertaking the administration of the estate and the trusts created therein in the event of the present trustees being removed subject to the usual inventory and accounts being rendered by the outgoing trustees.

Associated on the record with the applicant are Margaret Welsing, Kate and Alice Armah-Kwantreng, all of whom are children of the deceased and beneficiaries under his will. Kofi Armah-Kwantreng, another child beneficiary, though not officially on the record, appeared in court and has not registered any objection. Mary Amassah, another child beneficiary is dead, but her son Nii Laryea Armah-Kwantreng having been adopted by the deceased testator as his own son, and made a direct beneficiary under his will, is represented by his attorney S. A. Allotey in opposition to the application; Elizabeth Armah-Kwantreng, another child beneficiary, is not officially recorded as either for or against the application, it is not known by the court whether she is alive or dead.

To understand the reason for this application, it is necessary to consider certain provisions of the will of the testator a copy of which was annexed as exhibit A to the applicant's motion papers. The testator executed his will in May 1954 and died without revoking the same on 24 June 1957. In the will, George Gad Hansen, John B. Armateifio and Nii Laryea Armah-Kwantreng were appointed his executors and trustees, the first two duly obtained probate of the will on 10 February 1958 and the other, who was overseas at the time of death of the testator, returned to Ghana in late 1963, and having on 13 December 1963 obtained double probate of the will, executed on the same day, a power of attorney in favour of S. A. Allotey his step-father, ostensibly to administer the trust estate and thereafter returned overseas where he has remained ever since.

The salient provisions of the will in so far as they are pertinent to this application are summarised as hereunder:

(a) The executor-trustees, should they prove the will and accept the trusteeship, are to r