ELIAS, C.J.N. (Delivering the Leading Judgement): This is an appeal from the judgment of Obaseki J. delivered in the Warri High Court on March 13, 1970 in which the plaintiffs' claim was upheld. The amended claim, as endorsed on the writ of summons, reads:
(1) The plaintiffs' claim as the eldest son and eldest daughter respectively and two of the persons entitled, in the event of an intestacy, to share in the estate of Joseph Egbegberuvwe Oke later of 43 Warri/Sapele Road, Warri, within the jurisdiction of this Honourable Court, who died on the 10th day of December, 1960, to have probate of a pretended will of the said deceased granted on 28th March 1963 revoked, and the letters of Administration of the estate of the said deceased made to plaintiffs on the 4th July 1962 pronounced for as regards its legal force and validity. The writ is issued against the said O. Thompson Oke and Moses Oke as executors and beneficiaries under the said pretended Will.
(2) Alternatively the plaintiffs c…