ROBERT SAMUEL SACKEY v. HENRY BENJAMIN OKANTAH.

In this suit the Plaintiff Rohert Samuel Sackey on behalf of himself and other sons of the deceased. and Afuah Sackey on behalf of her infant children by the deceased who died on or about the "3rd dav of August, 1914 intestate clam that letters of Administration should be granted to Robert Samuel Sackev as a son of the deceased, and representing the interests of the children of the deceased.

The Defendant Okantah say that hy Native Law and Customs he is the proper person to be granted Letters of Administration to the personal estate of the deceased, and further that the member of the family of the deceased according to Native Law and Custom have authorised him to obtain letters of Administration for the purpose of administering the above estate and to be the trustee of the family property.

The facts in this case are shortly as tollows:--The leceased was the youngest of four. the eldest Sackey died first, then Alfred Sackey, then Adjuah Samana the mother of the Defendant Ukantah, then the deceased. The deceased during his life had a nmmber of children by different wives according to Native Custom now represented by the llaintifis. The Plaintiffs further allege a native Custom Okeweku Efo Takon equalling a breaking off from the family.

On these facts 1 am asked by the Plaintifis to hold (1) That the Ga Law of succession as distinct from that of the Fantis and Twis is in the male line and not the female, and that the children inherit, in the case of self acquired property, to the exclusion of the femate line or fanily in the words of the Honourable Hutton-Mills ane of the Counsel for the Plaintifls. "The Custom "is an equitable one, of immenorial character and worthy of support that a "person should not introduce people into the world without providing for "them." In my opinion a most laudable sentment from the point of view of those who have been reared and trained under a system of monogamy and the individual as opposed to the fimily as a unit.

(2) That assuming the descent to be in the female line, then they rely on the custom referced to above, and claim that the deceased cut oft his family in his lifetime, and therefore that his children snceed, and (3) that theDefendant by his previous conduct and by having contracted a Christian marriage is not a suitable person to be granted Letters of Administration. I propose to deal with each of of these separately.

On the question of succession to self acquired property amongst the Gas, I propose first of all