JUDGEMENT OF SOWAH J.
In this action the plaintiff's claim is for:
“A declaration of title that the estate of the late J. E. Biney, member of the Dihyina family of Tuakwa and Cape Coast, comprising lands and houses and personality of which the late J. B. Apprey, as heir and/or successor of the late J. E. Biney and administrator of his estate, became possessed during his lifetime, is the property of the late J. E. Biney's family, the Dihyina family of Tuakwa and Cape Coast aforesaid, and that upon the death of the late J.B. Apprey the right of appointing a member of the family as successor and administrator of the family property rests with the family and not otherwise.”
The other remedies sought on the writ are grounded upon the basis that the plaintiff does succeed on obtaining the declaration. The plaintiff bases his claim upon the interpretation of the late Biney's will.
By clause 3 of the will, i.e., exhibit A, the testator made the following devise:
"I also appoint my dearly beloved …