MARY QUARCOO AND NII KOJO ARMAH II vs. MRS. VICTORIA WELBECK AND AGNES ASHONG

ANSAH JSC:- Introduction and background: This is an appeal from the decision of the Court of Appeal which affirmed the decision of the trial High Court. One Joseph Nii Narh Ashong whose estate is the subject of controversy between the parties herein died on the 27th day of July, 1989. A widow and nineteen children survived him. The deceased was purported to have made a will dated 14 April 1985 and thereafter, a purported codicil executed on 15 July 1989. In the said will and codicil, two executors were appointed by the testator, namely Elisha Adjetey and Victor Albert Otoo. They applied for Probate but before it was granted, Elisha Adjetey died and Albert Otoo renounced probate. The estate thus remaining unadministered for a while, it became necessary for the first applicant, Mary Quarcoo, a surviving widow of the testator and a beneficiary under the Will as well as the head of family of the deceased to jointly apply for Letters of Administrations with will and codicil annexed,...