The above-mentioned suits were consolidated but tried separately. In suit no BMISC 12/2013, the plaintiff, Rosemary Phorson, sued the defendants, Columbus Bruce and John Francis Appiah, executors of the will of her deceased ex-husband, George Ekow Forson, (hereafter referred to as the deceased) for a declaration that she was joint owner of the house at Anyaa, (hereafter referred to as the “Anyaa House”). The deceased had devised the said house to his sister, Rita Forson and her daughter, Nancy Asamoah in his will. She also prayed for recovery of possession of her share in the said house.
In the second action, Mercy Phorson, acting as next friend of Kojo Atta Panyin Forson, Jojo Atta Kakra Forson and Aba Taweah Forson, applied for an order for reasonable provision to be made out of the estate of the deceased under section 13(1) of the Wills Act 1971, Act 360, for the upkeep of his children with the plaintiff.
As noted earlier, in suit no BMISC 12/2013, the plaintiff…