BUXTON vs. APPIAH AND ANOTHER

JUDGMENT OF OLLENNU, J. In this originating summons, the court is called upon to interprete clause 12 of the will of the late David William Buxton, deceased who died on the 10th June, 1959. The will is dated the 3rd June, 1959, and probate thereof was granted on the 15th August, 1959, to the defendants herein, the executors named in the said will. The said clause 12 of the will reads as follows: “12 There are outstanding debts to be collected the receipts of which are with me, these must all be collected by my son James Ashiefie Buxton for his own use”. The interpretation which the court is invited to place upon the words “outstanding debts to be collected the receipts of which are with me” is: all debts whatsoever due on any receipts or promissory notes which were found among the testator’s personal effects after his death. It was submitted on behalf of the plaintiff that these words used by the testator are clear and unambiguous on their face and must therefore be g...