CECILIA KORANTENG-ADDOW J.
In this application the court is called upon to vary the nominations made by the deceased and apportion the gratuity equitably amongst all the children of the deceased. The deceased had five children born between 1959 and 1971. On 9 September 1965 the deceased nominated his three children born at the time as beneficiaries of his gratuity and the proportion in which the children would share the gratuity was stated to be 33 1/3 each. In other words they were to share it equally. These three children are issues of the deceased by his first marriage with the first caveatrix. In 1968, a child was born to the deceased by his second wife; and then another in 1971 by the same marriage. The deceased died on 25 May 1979, he was an accountant employed in the Accountant-General’s Department.
He made no alteration or amendment in the nomination paper. The court is therefore asked to vary the nominations made by the deceased so that all the five children share equitably. I…