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ARBENSER V. HESSE AND ANOTHER

(1980) JELR 65043 (HC)

High Court  •  28 Mar 1980  •  Ghana

Coram
CECILIA KORANTENG-ADDOW J.

Judgement

CECILIA KORANTENG-ADDOW J.

The plaintiff in this case took out a writ of summons for the interpretation of certain paragraphs in the will of his deceased grandfather dated 28 January 1942, and admitted to probate on 21 April 1943. The defendants are daughters of the testator, and the plaintiff is the son of the first defendant. The relevant words for which the plaintiff seeks interpretation are contained in paragraphs 6 and 7 of the will. Paragraphs 6 and 7 read:

“6. I give and devise unto and to the use of my daughters Mrs. Eleanora Laingoye Hesse, and Mrs. Joana Leytchoe Arbenser and to their heirs being issues of their respective bodies as tenants in common, my land with the dwelling house and other building thereon situate at Christiansborg, Accra, aforesaid near St. Thomas (Presbyterian Mission School). I direct that failing any heir or heirs of both my daughters, being issues of their respective bodies, the said land and premises shall descend to my nephews Godfried Sai Numo, Nort…

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