COKER, J.S.C. (Delivering the Leading Judgment): This appeal was dismissed on the 11th June 1986 after counsel for both parties had addressed the court after a careful reading of their respective briefs of argument and the record of the proceedings of the two lower Courts, I now give my reasons for the decision.
The parties in the proceedings are members of the same family. The Plaintiff (Respondent before this Court) is the mother of one Victor Ihuese Aguocha. He died on 26th November 1971 leaving a Will dated 26th November 1971 in which defendant, one of his two widows, was appointed sole executrix and trustee of his estate, a large proportion of which consists of houses in Kaduna town.
In his said Will, he made provisions that his aged mother that is, the plaintiff, and some other dependants be maintained by the sole executrix and trustee of the Will. The cause of action before the Kaduna State High Court was that since the death of the testator in December 1971 and, until the tim…