KORSAH C.J.: This is an appeal from the judgment of Murphy, J. in a suit, in which the plaintiff who claims to be the nephew and successor of Kwame Agyin, deceased, applied for letters of administration to administer the estate of Kwame Agyin. The defendant who claims to be the head of the family to which the plaintiff belongs, and of which the deceased was a member, entered a caveat. The three main grounds upon which the caveat is based are:
(a) That he, defendant, being the head of the family and the plaintiff a member thereof, the plaintiff could not be appointed a successor to the deceased while the defendant is alive.
(b) That in fact plaintiff had been appointed by the said family to be only caretaker of the deceased estate, and not successor to Kwame Agyin.
(c) That he is a brother of the deceased while plaintiff is a nephew, that a nephew cannot succeed while a brother of the deceased is alive.
Both parties attached genealogical trees of the family to affidavits filed in support …