The house the subject-matter of this suit forms part of the estate of one Imoru Mobalaji Peregrino Brimah deceased, late of Accra. The said Imoru Mobalaji Peregrino Brimah died testate on the 7th August, 1961, and probate of his will bearing the date the 14th January, 1961, was granted on the 3rd October, 1961 to the plaintiffs, the two executors and trustees named therein. He was a Moslem.
By his said will the testator devised the house in dispute to the plaintiffs upon certain trusts. The defendant is not a beneficiary under the will, but has occupied portion of the said house and has refused to quit upon notice given to her by the plaintiffs. The defendant admits that she is not a beneficiary under the will. She contends however, that she is entitled to occupy portion of the house as of right; she based her said contention on the following grounds:
(1) The will of the testator was null and void since it disposed of more than one-third of the estate of the testator contrary…