[1989]DLHC1970 • October 31, 1989 • High Court
ANIM-ADDO AND OTHERS vs. MENSAH AND OTHERS
The testator, Patrick Kwaku AnimAddo, died leaving a will dated 5 September 1987, which made various bequests including interests in companies and real estate to his niece Abena Asantewa and her descendants. The plaintiffs, the testator's children, challenged the validity of these bequests on grounds that they violated the rules against perpetuities, accumulations, and inalienability, arguing that if void, the estate should be distributed under the Intestate Succession Law.
read moreJUDGMENT OF BROBBEY J. The facts which gave rise to this dispute are relatively straightforward and are as follows: Patrick Kwaku Anim-Addo (hereinafter referred to as the testator) who died on 5 February 1988 left a will dated 5 September 1987. In the will, he made, inter alia, the following bequests: “I appoint Mrs. Addae Mensah alias Nana Abena Biama as one of the executors to administer my interest in the company of Ghana Textile Manufacturing Co. Ltd. and to pay the benefits and profits to Abena Asantewa my niece in her lifetime and after her death should pass on to the descendants of her children. I give and bequeath all my trinkets (gold) to my niece Abena Asantewa and after her death to pass on to her descendants. I appoint Yaw Asirifi and Gideon Nyarku to run Kwanin Trading Co. Ltd. as directors and to administer the company and to invest the benefits and profits to the descendants of Abena Asantewa. I devise and bequeath the residue of my real estate to my trustees upon.....