IN RE TUFUOR (DECD.); KWABENA vs. NIMO

JUDGMENT OF FRANCOIS J. By his will of 16 September 1964 the testator Philip Melanchton Kwadwo Tufuor devised the realty comprised in his residuary estate as follows: “I give unto and to Abena Kwabena my sister and Kwame Poku my grandson residue of my real properties at Kumasi, Konongo, Kurofa and Kumawu that I may die possessed of.” The schedule of real properties filed by Mr. Abeyie, solicitor acting for the executor left out all mention of a house at Kumawu E.B.22 and a second farm at Aworotwe, but this omission was rectified by the two vesting assents I have seen which take account of all the testator’s residual property. The executor of this will aforesaid, one Kwame Nimo, in a purported exercise of his powers thereunder made the following distribution by way of vesting assents to the two beneficiaries: (A) To Abena Kwabena: (1) House No. O.I.42, Kumasi. (2) Half share of house No. E.B.22, Kumawu. (3) Half share of house No. N.T.E. 32, Konongo. (4) Half share of the...