CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment):The Testatrix Rev. Envoy Aduk Joe Duke was said to have died in Calabar on the 29th of May, 2005 leaving a will and a Codicil dated 9th of September, 2003 and the 28th of September, 2004 respectively. Under the said Will and Codicil, she gave the right of occupation and use of her houses in Calabar at No. 20 Chamley Street, No. 20B Chamley Street, Nos. 21, 25 and 31A White House Street and No. 29 Inyang Street to various beneficiaries. She referred to some of these beneficiaries as "My Brother", "My Sister", "My Church", "My Nephew" and "My Niece" respectively.
There was no reference by the Testatrix to "my son" or "my daughter" implying that she had no biological child.
She devised a room at No. 21 White House Street, Calabar as seen in Clause 4(k) of the Will to Edem Bassey Antia (Eteka).
The Testatrix appointed the 1st Respondent as her Executor and Trustee to execute the Will as well as manage the Estate.
On the 31st …