T. O. ELIAS, CJN (Delivering the Leading Judgment):
This is an appeal against the judgment of Taylor, C.J., in Suit No. LD/22170 delivered in the Lagos High Court on 12th November, 1971 in which he dismissed the action of the plaintiff and pronounced in favour of the will of Israel A. O. Adebajo (deceased) dated 21st January, 1969 and made and executed on 25th June, 1969 by the said deceased. On 13th January 1970, the plaintiff issued a writ against the first three defendants in these terms.
"1. The plaintiff is the widow and one of the persons entitled to share in the estate of Israel Adebayo Ogunyeade Adebajo (deceased) who died on the 25th day of July, 1969 in the event of an intestacy and to have as such a grant of letters of administration of the estate of the said intestate.
2. This writ is issued against you as the executors named in a pretended will of the said deceased dated the 21st day of January, 1969 against which the plaintiff asks the court to pronounce in this action.