<p>JUDGMENT</p><p>SUURBAAREH, J.A.:</p><p>This is an appeal against the judgment of the High Court, Accra (Financial and Economic Division) dated 9^th June, 2016 in which judgment was entered for the plaintiff/respondent, called respondent hereafter, whilst dismissing the counterclaims of the defendants/appellants, simply called appellants hereinafter.</p><p>The facts giving rise to the action resulting in the present appeal are not in any dispute. One Samuel Kwabena Afram who died in 1998, had on 21^st March, 1989 made a Will in which he appointed the 1^st appellant and one Daniel Owiredu Baidoo as his trustees and executors. In the Will, the testator made certain devises in respect of House No. 229/16, Darkuman Korkompe, Accra in which the respondent and her children were beneficiaries of majority of the rooms/stores. As at the time of his death, Daniel Owiredu Baidoo had died so the 1^st appellant, as the sole surviving executor, applied and obtained probate but was unable to distribute the estate as a result…</p>