Delivering the Judgment of the Court-
The appellants, who were the plaintiffs in the High Court of Lagos, are executors and trustees of the will of their uncle Adolphus Phillips (deceased), who died in Lagos on or about 29th day of July,1934, with a wife and two children him surviving. He died possessed of a house known as No. 12 Alli Street, Lagos, hereinafter referred to as the property in dispute.
In his will made a few days before his death, and indeed dated the 26th day of July, 1934, the testator devised the property in dispute to his daughter Violetta Omoleye Phillips for life, directing that his wife Lucretia should continue to live in the premises during her life time. It was the wish of the testator that his son, the respondent, should be permitted to live in two small rooms in the premises but only on payment of rent and subject to good behaviour.
There was a further provision in the will to the effect that should he (respondent) survive his mother and sister, he…