ARCHER J.
The plaintiff by originating summons seeks a declaration that:
(1) The plaintiff and the children of his late younger brother, Hendrick Frederick Biney, are the only persons entitled to the properties stated in a schedule attached to the affidavit in support of the summons, being properties of —
(a) Joseph Peter Oconor Biney
(b) Lily Mensimah Biney.
(2) That the interest of the parties herein are as to one-half share for plaintiff and one-half share for the children of his late brother, Hendrick Frederick Biney.
(3) That the properties of the late Joseph Oconor Biney mentioned among others in the schedule should be partitioned as shown on the plan prepared by the plaintiff or as the court may direct.
The plaintiff took out the summons against the two executors of the late Hendrick Frederick Biney and also against all the children of the said Hendrick. By an order of this court, the names of the executors were struck out from the action and Joseph Peter Abaka Biney was ordered to s…