[1961]DLHC9296 • October 16, 1961 • High Court
YAOTEY vs. QUAYE
The case concerns the administration of the estate of Robert Anyai Yaotey, deceased, who died intestate on 18 January 1961. Yaotey was married under the Marriage Ordinance but divorced over 21 years before his death. The plaintiff and two other children are from that marriage. The defendant claims to be a customary law widow of the deceased with a child by him, asserting entitlement to a share of the estate. The dispute centers on the validity of the defendant's customary marriage and the legitimacy of children entitled to inherit under section 48 of the Marriage Ordinance.
read moreJUDGMENT OF OLLENNU J. These proceedings are in respect of the administration of the estate of Robert Anyai Yaotey, deceased. The said deceased died intestate on the 18th January, 1961. He was married under the Marriage Ordinance1 but had been divorced for about 21 years before his death. The plaintiff and two other children of the deceased, a boy and a girl, are issues of the marriage. Since the said Yaotey left issue of his marriage under the said Marriage Ordinance surviving him, succession to his estate is governed by section 48 of the said Marriage Ordinance. Under that section the plaintiff and her said brother and sister, as children of the deceased are entitled to share in the distribution of the estate of their said father. The plaintiff claims that she and the two other children of her mother by the deceased, are the only lawful children of the deceased, and that she is the proper person to whom letters should be granted to administer the estate of her late father. The def...