The following judgment was delivered: YATES, J.
This is an appeal from the judgment of Strother-Stewart, J., dated 25th March, 1935, whereby he gave judgment for defendant with costs.
The plaintiff, by this writ dated 14th November, 1932, claims " as successor of Ohene Yamua Ansah, alias Joseph Duker Biney, late of Arkra and Saltpond, deceased, and Head of the Royal Stool of Nsona Family in Arkra, the surrender and delivery to the plaintiff herein of the personal property mentioned in the inventory filed by the defendant as administrator of the estate of Joseph Duker Biney alias Yamua Ansah, Ohene of Arkra, on the 10th day of June, 1931, as per Exhibit marked ,r B ' hereto attached. In the alternative the plaintiff claims £9,600."
The deceased resided at Saltpond and was a partner in the mercantile firm of " Ampah-Korsah," and carried on business as a produce buyer and money-lender. He was enstooled in October 1911 and remained on the Stool until his death at Saltpond on 27th April, 1931. After his enstoolment the deceased continued to live in Salt pond with the acquiescence of his elders and continued to carry on his separate business, making voyages to England in respect of it, and by his personal exertions and skill in business amassed a considerable fortune-unassisted in any way by his elders or officers of the Stool-and the learned Judge has found as a fact that the deceased only agreed to become Ohene of Arkra on the condition that he was allowed to reside at Saltpond and carry on his separate business there, and that he could appoint a deputy to reside at Arkra and carry on the routine business of the Stool. The learned Judge has further found as a fact that the deceased never used any stool or family property in his private business, but on the other hand used his moneys to help his people by paying off their debts, rebuilding .the Ahinfie, increasing the paraphernalia of the Stool, and by giving them loans in time of difficulty.
On the 20th December, 1930, the deceased made a Will, of which the appellant was appointed sole executor and of which Will the appellant was persuaded by certain members of the Stool, obviously with the intention of seeing what they could make out of it, to renounce probate, and he accordingly did so.
When appellant renounced probate, the respondent was granted Letters of Administration with Will annexed, and the said Will does not purport to deal with Stool property or lands, but only with the self-acquired property
