BAKSMATY V. BAKSMATY

PREMPEH J.

The plaintiff is the brother of the late Sobhy Baksmaty who died in Accra on 19 April 1963 and the defendant is his widow by whom he had six children, five girls and one boy. By another marriage the deceased had a daughter called Fatma Salam, now living in the Lebanon, and she is a minor. The late Sobhy Baksmaty died leaving many properties in Ghana, which are shown in the statement of claim, and he left a will by which he appointed the defendant the sole executrix, and in which he directed the manner in which his estate should be distributed after his death. On 6 May 1963 the defendant applied for and was granted probate by this court of the will of the late Sobhy Baksmaty, and upon hearing this, the plaintiff instituted these proceedings against the defendant.

By his amended statement of claim, the plaintiff partly as elder brother and next-of-kin of the late Sobhy Baksmaty, deceased, partly in his capacity as guardian of the minor children of the defendant, and partly as a…