OLLENNU, J.: [After narrating the facts his lordship continued:] It was submitted on behalf of the defendant that upon a Ningo man’s death intestate his children inherit, and his property automatically vests in his children as upon a devise; and that it is only when all the children are minors that some relative may be appointed to take charge of the property. I must say at once that this submission is a misconception, and is against all the fundamental principles of our customary law of succession.
The most elementary principle of our customary law of succession is that upon a man’s death intestate, his self-acquired property, real and personal, vests automatically in his family. That family may be the patrilineal family, or the matrilineal family depending upon the tribe to which the deceased belonged. In this case, therefore, upon the death of Alfred Jonas Carboo, all his self-acquired property vested in his family.
The next general principle of our customary law of succession is, th…