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ANIM-ADDO AND OTHERS
V.
MENSAH ALIAS BIAMA AND OTHERS

(1993) JELR 66125 (CA)

Court of Appeal 25 Mar 1993 Ghana
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- The Supreme Court held that the English rules against perpetuities and accumulations as incorporated by section 111 of the Courts Act, 1971 (Act 372) apply to wills made under the Wills Act, 1971 (Act 360), not to customary law wills (sam

Case Details

Judges:AMPIAH JSC, KPEGAH JSC, OFORI-BOATENG JA
Counsel:KOM (WITH HIM HAYIBOR) FOR THE PLAINTIFF-APPELLANTS; CHINBUAH FOR THE DEFENDANT-RESPONDENTS.
Other Citations:[1993-94] 1 GLR 7

KPEGAH JSC.

On 5 September 1987 the late Mr. Patrick Kwaku Anim-Addo made a will in which he provided as follows:

“I appoint Mrs Addae Mensah alias Nana Abena Biama as one of the executors to administer my interest in the company, of Ghana Textile Manufacturing Co Ltd and pay the benefits, profits to Abena Asantewaa, my niece, in her lifetime and after her death should pass on to the descendants of her children.
I give and bequeath all my trinkets (gold) to my niece Abena Asantewaa and after her death to pass to her descendants.
I appoint Yaw Asirifi and Gideon Nyarku to run Kwamin Trading Co Ltd as directors and to administer the company and invest the benefits and profits to the descendants of Abena Asantewaa.
I devise and bequeath the residue of my real estate to my trustees upon trust as follows: As to house: to collect rents and after paying annual rates, taxes, etc to invest the net rents in government bonds, and as to personal estate upon trust to call in and convert into money, …

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