[1975]DLHC394 • August 1, 1975 • High Court
IN RE AWULETEY (DECD.); AWULETEY vs. AWULETEY AND OTHERS
The testator, Emmanuel James Awuletey, made a will dated 28 January 1942, devising certain lands and properties to his son, daughters, nephews, and nieces. One of the nephews and beneficiaries, Kwabla Numo, died on 16 May 1942, before the testator's death on 13 February 1943. The plaintiff, appointed as residuary legatee, sought a declaration that he was entitled to Kwabla Numo's share, arguing that the share had lapsed due to Kwabla Numo's predeceasing the testator.
read moreJUDGMENT OF ABOAGYE J. By his will dated 28 January 1942, Emmanuel James Awuletey of Christiansborg, Accra, made certain bequests and devises to his son, daughters, nephews and nieces. Kwabla Numo, a nephew of the testator and one of the beneficiaries under the will, died on 16 May 1942. The testator died on 13 February 1943, and his will was proved on 21 April 1943. By paragraph (9) of the will the testator made certain specific devises to his nieces and nephews including Kwabla Numo. The said paragraph (9) reads: “I give and devise unto and to the use of my nephews: Gottfried Sai Numo, Nortey, Norteye, Neeboi, Kwablah Numo and Daniel Awuletey; and my nieces: Dedei, Mrs. Bessie Curched, Yormoley, Norley, Ayakoh, Shomeh, Adaku, Norkor, Okarley and Nardufio and their heirs as tenants in common: (a) All that piece or parcel of land with the building and cocoa plantation thereon situate at Aherenasu near Mangoase in the Akwapim District which land was purchased by me at a sale.....