Abban, J.: The present litigation concerns the will of one Emmanuel Clement Kotei alias Emmanuel Clement Dsani Kotei (deceased). The deceased may, hereinafter, be referred to as Clement Kotei. The will in question was executed on 13 March 1969, and the testator, Clement Kotei, died at Osu on 9th May 1973.
The executors named in the will were Mr. Justice Nii Amaa Ollennu, Daniel Alfred Badu Kotei and Ebenezer Isaac Afutu Kotei. Upon the affidavit of one of the two attesting witnesses (Enoch Korley Tawiah) that the will was duly executed and attested, and on the affidavits sworn to by each of the three executors stating inter alia, that the will was the "true and original last will and testament" of the testator and that they would "faithfully administer the estate according to the terms of the will," the High Court, Accra, on 27th May 1974 granted probate in respect of the will to the said executors. It will be noted that the contents of the will were read to the members of the family o…