IN RE COLE (DECD.); CUDJOE V. COLE

ARCHER J.A.: Archer J.A. delivered that judgment of the court. John Cole was a Sierra Leonian by nationality who worked with the Ghana Railways at Takoradi until he retired and later became a timber contractor. During his lifetime he had several wives according to customary law with some of whom he had many children. In 1960, he became ill on account of a stroke and he remained a sick person until he died on 2 July 1967.

Before his death, he had given instructions to a licensed letter-writer, Charles Moses Edwards, to Prepare his will which was executed by him on 21 November 1966. By this will, he appointed Lawrence Cudjoe, the present appellant, and one Dolly Cole Ashun as executor and executrix respectively.

On 1 November 1967, the present respondent, S. J. Cole, who claimed to be a nephew of the late John Cole (being the son of the deceased’s sister) entered a caveat. Subsequently an application for probate of the will was filed. In view of the caveat, it became necessary to prove th…