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ANIM-ADDO AND OTHERS V. MENSAH ALIAS BIAMA AND OTHERS

(1993) JELR 66125 (CA)

Court of Appeal  •  25 Mar 1993  •  Ghana

Coram
AMPIAH JSC, KPEGAH JSC, OFORI-BOATENG JA

Appearances
KOM (WITH HIM HAYIBOR) FOR THE PLAINTIFF-APPELLANTS; CHINBUAH FOR THE DEFENDANT-RESPONDENTS.

Judgement

KPEGAH JSC.

On 5 September 1987 the late Mr. Patrick Kwaku Anim-Addo made a will in which he provided as follows:

“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 pay the benefits, profits to Abena Asantewaa, 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 Asantewaa and after her death to pass to her descendants.
I appoint Yaw Asirifi and Gideon Nyarku to run Kwamin Trading Co Ltd as directors and to administer the company and invest the benefits and profits to the descendants of Abena Asantewaa.
I devise and bequeath the residue of my real estate to my trustees upon trust as follows: As to house: to collect rents and after paying annual rates, taxes, etc to invest the net rents in government bonds, and as to personal estate upon trust to call in and convert into money, …

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