1. The plaintiff/respondent had a son by name Ekow Koranteng Ghunney. He passed away in 2004. In his life time he married the 1st defendant/appellant and had two issues with her. In his Will and last testament, he gave H/No. Plot 20 Block 12 situated at Old Tafo to his wife, the 1st defendant/appellant herein. He also gave his residuary estate to his wife and children.
2. Again he named the 1st defendant/appellant, the wife and the 2nd defendant/appellant as his executors. The Will with the probate granted to the executors is in evidence as Exhibit 3. The claim of the plaintiff/respondent against the defendants/appellants jointly and severally as executors of the Will of his son is for:
“(1) A declaration that title in all that property or land known as Plot No. 21 block 12, West Old Tafo, Kumasi is vested in the plaintiff and that the purported devise of the said property by the said late Ekow Ghunney in his said Will is null and void since he had no testamentary capac…