IN RE APPIAGYEI-DANKA (DECD.); APPIAGYEI-DANKA vs. APPIAGYEI-DANKA AND ANOTHER

The question raised in this appeal, is within a very narrow compass. It is this: Does the sum of ¢5,000 which the Kumasi University of Science and Technology hold in respect of superannuation benefits for the account of the late Dr. Appiagyei-Danka enure for the benefit of his estate or is the appellant solely beneficially entitled to it? The deceased died intestate and did not make a gift inter vivos of this sum to the appellant. If she claims herself entitled to that sum, she must show by what title she came by it. The appellant founds herself squarely on section 14 of the Wills Act, 1971 (Act 360). Now the facts. The appellant is the mother of the intestate. He was in his lifetime employed by the Kumasi University of Science and Technology as a lecturer in agricultural chemistry. At the date of his death on 11 June 1972, he had risen to the post of senior lecturer. At the time of his employment, he was requested to join and did join the university superannuation scheme. He also,....