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IN RE WALTON (DECD.); WALTON
V.
ACQUAH

(1988) JELR 65845 (HC)

High Court 10 Mar 1988 Ghana
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- Dr. Kofi Walton is seeking the grant of probate for the will of Moses Birch Walton, who died testate on January 5, 1986 in Accra. - Dr. Kofi Walton and Samuel Francis Acquah are named as executors in the will. - All attempts to get Samuel

Case Details

Judges:ARYEE AG.J.
Counsel:B. A. YANKSON FOR THE APPLICANT.

ARYEE AG.J.

This is a motion ex parte on behalf of the applicant Dr. Kofi Walton, praying the court for the grant of probate of the will of Moses Birch Walton (Deceased) who died testate on 5 January 1986 in Accra.

The applicant is one of the two executors appointed by the testator. The other executor so-named is one Samuel Francis Acquah (alias Yaw Mbroh), a cousin to the present applicant. All efforts made by the applicant and other members of the family to get the said Samuel Francis Acquah to join in the application for probate has not proved successful. It is the prayer of the applicant therefore that he be granted probate of the will in order to administer the estate, the court reserving the power to grant probate to the co-executor, Samuel Francis Acquah, whenever he shall duly apply for same.

In his accompanying affidavit, the applicant says that there is an urgent need for the grant of probate to administer the estate, especially with regard to the testator’s current account whi…

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