KORANTENG-ADDOW J.: The plaintiffs are the executors appointed under the will of the late Gabriel Quesah Ayayee. The second plaintiff is the daughter of the deceased and the defendant is the brother of the full blood of the second plaintiff. The plaintiffs’ claim is for an order for probate in solemn form of a will executed on 23 January 1969, by the deceased and an order to remove the caveat filed by the defendant. The defendant by his defence alleged that the said will had been obtained by undue influence of the second plaintiff and that the deceased, when he executed the will was completely blind in both eyes, hard of hearing, extremely old and that his memory was greatly impaired and that the deceased did not know and approve of the contents of the will. By a counterclaim the defendant seeks to obtain probate in solemn form of a will executed by the deceased on 25 November 1965 and a codicil dated 4 October 1965.
The testator died on 10 June 1971. The mother of the second plaintiff…