[2000]DLCA323 • February 14, 2000 • Court of Appeal
HUMPHREY-BONSU AND ANOTHER vs. QUAYNOR AND OTHERS
The deceased, William Bart-Plange, died leaving a will that excluded provision for the first plaintiff (alleged wife) and two children (second and third plaintiffs). The first plaintiff's marital status was disputed, and the second and third plaintiffs were not provided for in the will. The plaintiffs sought reasonable provision under section 13(1) of the Wills Act, 1971 (Act 360) for maintenance. The defendants contended the first plaintiff was not a lawful wife and that the children were over 18 and thus not dependants under the Act. The trial court found the first plaintiff was lawfully married by custom and that the second and third plaintiffs were dependants deserving provision. The defendants appealed.
read moreJUDGEMENT Benin JA. The late William Bart-Plange (hereinafter referred to as the deceased) who died on 21 March 1987 left behind a will, probate of which was taken in May 1987 by the defendant-appellants (hereinafter referred to as the defendants) who are among the children left by the deceased. The second and third plaintiffs-respondents (hereinafter referred to as the second and third plaintiffs, respectively) are also children of the deceased. But it is in dispute whether the first plaintiff-respondent (hereinafter refer-red to as the first plaintiff) was ever married to the deceased, and if so, whether she was a wife of the deceased at the time of his death. The second plaintiff who was not catered for by the deceased in his will was a student at the time of his father’s death. The third plaintiff, a cripple and mentally retarded child from birth, was also not catered for, not to mention the first plaintiff. Hence, this action by the plaintiffs whereby they sought an order .....