OWUSU AND ANOTHER V. AGYENTOA

AMUAH JA.

This is an appeal against the decision of Berko J sitting at the High Court, Kumasi delivered on 28 July 1987. The bare facts of the case are that a testatrix, Madam Afua Mansah, devised her portion in house No OT 77, Odumasi District of Kumasi in her will dated 8 September 1950, as follows:

“2. I give and bequeath unto my son Daniel Kwame Owusu and my daughter Elizabeth Victoria Mensah for their use, absolutely my share of one half (1/2) undivided moiety of premises situate and known as Plot 77 in the Odumasi District of Kumasi.”

Clause (8) of the said will charged both the son and the daughter with the responsibility of meeting her expenses from rents collected from her portion of the house and securing for her a decent burial.

In 1959 the said Daniel Kwame Owusu died leaving behind two issues: Diana Owusu and Daniel Owusu who are the defendants in this instant case. Thereafter the said Daniel Kwame Owusu was succeeded by his uterine sister Elizabeth Victoria Mensah who took …