UWAIS, CJN (Delivering the Leading Judgment): By a writ of summons taken out of the High Court of Lagos State holden at Lagos, the appellant, as plaintiff claimed against the respondents, as defendants, as follows as per her Amended Statement of Claim:-
"(a) That the Court shall pronounce for the force and validity of the last will and testament dated the 21st day of August, 1947 of Chief Festus Samuel Okotie-Eboh, formerly known and called Festus Sam Edah) late of Ogorode, Sapele, Bendel State deceased, who died on the 15th day of January, 1966; and
(b) That the Court shall revoke the grant of the said Letters of Administration of the Estate of the said deceased dated the 24th day of June, 1971."
The facts of the case, which are not in dispute, are briefly thus. The deceased, Chief Festus Samuel Okotie-Eboh was a son to an Itsekiri father and an Urhobo mother. In 1942 he got married to the 1st respondent according to Itsekiri native law and custom. The appellant as well as the 2nd re…