KORSAH C.J.: (His lordship stated the facts, and proceeded):-
It is conceded that according to native customary law (Ashanti) applicable in this case, upon the death of the owner of a self-acquired property, the property would devolve upon the successor, who should be one of his sisters' children, males preferred to females; but such property does not become part of the ancestral property belonging to all those known as “family,” who claim descent from a common ancestress. It is generally known that there are several branches of the same family, each entitled to inherit property which descends to the successor of a deceased uncle of the direct line, immediately removed. Hence the evidence of Yaah Adu, who claims to be 80 years of age, and to be a descendant of one of three sisters whose descendants constitute the larger family. She said, "Kwasi Yentumi was the successor of Kwabena Nketsia; and he was so appointed by the family, who entrusted the properties of t he deceased to his care.…