IN RE TUFUOR (DECD.); KWABENA V. NIMO

FRANCOIS J.

By his will of 16 September 1964 the testator Philip Melanchton Kwadwo Tufuor devised the realty comprised in his residuary estate as follows: “I give unto and to Abena Kwabena my sister and Kwame Poku my grandson residue of my real properties at Kumasi, Konongo, Kurofa and Kumawu that I may die possessed of.” The schedule of real properties filed by Mr. Abeyie, solicitor acting for the executor left out all mention of a house at Kumawu E.B.22 and a second farm at Aworotwe, but this omission was rectified by the two vesting assents I have seen which take account of all the testator’s residual property.

The executor of this will aforesaid, one Kwame Nimo, in a purported exercise of his powers thereunder made the following distribution by way of vesting assents to the two beneficiaries:

(A) To Abena Kwabena:

(1) House No. O.I.42, Kumasi.

(2) Half share of house No. E.B.22, Kumawu.

(3) Half share of house No. N.T.E. 32, Konongo.

(4) Half share of the proceeds of cocoa farm at Krofa…