EID V. EID AND ANOTHER

APALOO C.J.: The respondents are infants now aged eleven and nine respectively and are the children of the late Sami Aziz Eid. The latter although in origin a Lebanese, acquired Ghanaian citizenship by naturalisation. He died at Accra on 3 August 1969 intestate possessed of real and personal property.

On the deceased’s death, his brother and wife jointly obtained letters of administration in respect of his estate. His widow has since remarried and is the second defendant in this matter. She is not an appellant before us. She is, of course, the mother of the infant respondents. The deceased’s brother is the first defendant and is the only appellant in this court.

The letters of administration were granted to the appellant and the deceased’s widow on 3 June 1970. Barely six months after obtaining grant, the administrators executed “an agreement” which gave rise to this action. It was signed on 8 December 1970 (exhibit A). The evidence shows that the only persons beneficially entitled in t…