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OPANIN YAW OKYERE
V.
OPANIN APPENTENG AND AKUA ADOMAA

(2011) JELR 68535 (SC)

Supreme Court 23 Nov 2011 Ghana
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- The case involves a dispute over devises made by a deceased person in her will. - The plaintiff argues that the properties devised were family property and therefore the deceased lacked the capacity to make the devises. - The trial court

Case Details

Suit Number:CIVIL APPEAL NO. J4/17/2008
Judges:BROBBEY (PRESIDING) J.S.C., DR. DATE-BAH J.S.C. ,ADINYIRA (MRS.) J.S.C. ,BONNIE J.S.C. , ARYEETEY J.S.C
Counsel:OBENG MANU JNR. FOR THE APPELLANT, KWABENA PEPRAH NYANTAKYI FOR THE RESPONDENTS

BROBBEY JSC

I have had the benefit of reading in advance the opinion of my learned brother Date-Bah JSC. I agree with his analyses of the facts and the law as well as his interpretation of the law, particularly in respect of the devolution of the state of deceased persons to beneficiaries and devisees before vesting assents are granted

The import of the judgment in this case is this: when a person died testate or intestate, his estate dissolves on the executor or personal representative until vesting assent have been executed to the beneficiaries or devisees; until that granted the beneficiaries and devisees have no ............or locus standi over any portion of the estate.

In the light of the peculiar circumstances that sometimes bedevil the administration of estates in this country, it is felt that some clarification is necessary on the interpretation of the law as given in this judgment so that we may not be taken as interpreting the law to result in absurdity. It is common knowledge…

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