PETERS vs. PETERS

Alfred George Peters died in 1924 leaving a will that devised a property on Club Road, Accra, equally to his four children: Mary Adeline Addo (nee Peters), George James Peters, John Archibold Biala Peters, and Robert Alexander Gaskin Peters. The plaintiff is the daughter of George James Peters, who died in 1952. In 1955, Mary Adeline, John Archibold Biala, and the plaintiff (as personal representative of George James) leased the Club Road property to a tenant, reciting that Robert Alexander Gaskin Peters had left Ghana over 30 years prior without contact and was presumed dead without issue. The tenant paid rent in advance, and the defendant paid the plaintiff one-fourth of the rent as her father's share. The plaintiff claimed entitlement to one-third share, arguing that Robert Alexander Gaskin Peters was deceased and thus his share should be redistributed among the surviving siblings.

JUDGMENT OF OLLENNU J. A man by the name of Alfred George Peters, late of Accra, had four children, namely: Mary Adeline Addo (nee Peters), George James Peters, John Archibold Biala Peters and Robert Alexander Gaskin Peters. The first two, Mary Adeline and George James had different mothers, but the last two, John Archibold Biala and Robert Alexander Gaskin had one mother. The plaintiff is the daughter of George James Peters. Robert Alexander Gaskin Peters left home in 1923, and their father died on the 19th August, 1924. By his will, probate of which, exhibit A, was granted on the 11th October, 1924, to the executors named therein, Alfred George Peters devised, among other real properties, a piece of land situate on Club Road, Accra, to all his four children in equal shares. George James, the father of the plaintiff died on the 11th October, 1952. By a deed dated the 11th November, 1955, Mary Adeline, John Archibold Biala on behalf of themselves, and the plaintiff as personal r...