IN RE AYAYEE (DECD.); KUKUBOR AND ANOTHER vs. AYAYEE

The plaintiffs, executors under the will dated 23 January 1969 of the late Gabriel Quesah Ayayee, sought probate in solemn form and removal of a caveat filed by the defendant, the deceased's son and brother to the second plaintiff. The defendant alleged undue influence by the second plaintiff (Martha) in procuring the 1969 will, asserting the deceased was blind, hard of hearing, elderly, and mentally impaired at execution, and that he did not know or approve the will's contents. The defendant counterclaimed for probate of an earlier will dated 25 November 1965 and a codicil dated 4 October 1965. Evidence revealed family discord, particularly between Martha and the deceased's wife Alice and her children, with Martha accused of driving them away and dominating the deceased in his old age. The 1969 will left the entire estate to Martha, excluding other children and the widow, whereas the 1965 will made equitable provisions for all children. The attesting witnesses for the 1969 will testified it was properly executed with the deceased's approval, but their credibility was challenged. The deceased's physical and mental condition was deteriorating but mental faculties were found to be intact. The court found the circumstances surrounding the 1969 will suspicious, particularly Martha's conduct and the exclusion of other family members.