APALOO J.S.C.: Apaloo J. S.C. delivered the judgement of the court. This appeal is from the judgment of Charles Crabbe J. (as he then was) in which he declined to revoke the codicil of the late J. T. N. Yankah who died at Accra on 7 September 1964.
The testator was a schoolmaster of acknowledged eminence. Some years before his death, he took ill and was in and out of hospital by turns. The medical evidence shows that he was suffering from a blood disease known as leukaemia. It would seem that the testator had a premonition of his approaching end. He accordingly decided to dispose of his property by will. Being a scholar and a man of the world, he was not unknowledgeable about how to do this. He himself put his wishes in writing and requested Mr. Caseley-Hayford to put it in legal language.
The latter is a relation of his by marriage being a first cousin to Mrs. Yankah. The evidence also shows that Mr. Caseley-Hayford was on terms of great intimacy with the testator and his wife. He and …