SEY V. SEY AND ANOTHER

BLAY J.S.C. delivered the judgement of the court. The short point for decision in this appeal is whether the learned trial judge was right in his construction of two clauses in a will which read as follows:

"(a). I give to my brother Kwamin Abadoo my two chambers and hall, one extra room occupied by Hazel and my big store.

(b). My brother Kwamin Abadoo is not to sell this house for any reason thereby to cause my children to go astray. He is to look after my children well and live with them peaceably and quietly as I had been doing".The testator before the above bequest to his brother Kwamin Abadoo had bequeathed and devised his whole estate real and personal to his wife and children subject to certain "legacies" such as the one under construction. He also appointed executors of the will.

The appellant who is a daughter of the testator and suing on behalf of herself and her brothers claimed that the two clauses of the will quoted above, when properly interpreted or construed created Kwami…