ARBENSER vs. HESSE AND ANOTHER

The plaintiff, a son of the first defendant and grandson of the testator, commenced an action seeking the interpretation of paragraphs 6 and 7 of his deceased grandfather’s will dated 28 January 1942 and admitted to probate on 21 April 1943. The disputed clauses devised certain landed properties at Christiansborg, Adawso and Amanase to the testator’s daughters, Mrs. Eleanora Laingoye Hesse and Mrs. Joana Leytchoe Arbenser, and in one clause also Mrs. Nardu Bekoe, together with words referring to “their heirs being issues of their respective bodies as tenants in common.” The plaintiff contended that the children of the devisees took immediate vested interests together with the devisees in equal shares, and he also sought an injunction to restrain the defendants from dealing with the properties. Portion of judgment: “The plaintiff in this case took out a writ of summons for the interpretation of certain paragraphs in the will of his deceased grandfather... The plaintiff also asks for an injunction to restrain the defendants from dealing with the two pieces of land devised...” and “his views were that all the heirs, i.e. children of the devisees, took immediate interest with the devisees, and that their interests vested in equal shares.”