BROWN V. ANSAH AND ANOTHER

KPEGAH J.

The plaintiff, as one of the principal members of the Asamoah Adu Anona family of Mumford, is claiming on behalf of the family an order setting aside the will of one Samuel Kobina Crentsil alias Kobina Enyinda as null and void. Two grounds are alleged for seeking this order, namely that the testator was non-compos mentis when he made the said will; and secondly, that there is no declaration on the will to the effect that it had been read over and interpreted to the said testator before he signed as required by the Wills Act, 1971 (Act 360); he being illiterate. It must be said that the plaintiff is the nephew of the deceased and a possible successor if the deceased had died intestate. The first defendant is the sole beneficiary under the will and the second defendant, his wife, an executor and an attesting witness.

According to the plaintiff there are several units in the family and that the deceased was the head of his unit; that one unit cannot inherit the properties of ano…