The main legal point established in the judgment is the interpretation of the will and the determination of the true meaning and effect of the devise of real estate, particularly in relation to the Zongo land.

Lord Romer:-

Their Lordships on this appeal are called upon to determine the true meaning and effect of a devise of certain real estate contained in the will of one Ali, a native officer in His Majesty King Edward the Seventh's Hausas. This Ali was a much married man, being the possessor of no less than seven wives, of whom the senior was Madame Amina. He bad, on the other hand, comparatively few children, for they numbered but eight in all. Of these children one, a son, was the respondent Mama Ali; another, a daughter, was called Meriam Ali; a third, also a daughter, was the appellant Abiba Ali.

On 12th December 1901, Ali made his will. It is written in the English language and is in the following terms:

IN THE NAME OF GOD AMEN !

This is the last Will and Testament of Ali an Officer in His Majesty King Edward the Seventh's Hausas.

1. I leave my House in the Horse Road in Ussher Town to the South of the late B. D. Coker's House in the charge of Madame Amina, Meriam Ali and my son Mama Ali. The said house is never to be sold but the rent received therefrom is to be divided equally between the said Madame Amina, Meriam Ali and my son Mama Ali.

2. I leave the land known as Ali's land behind the Mosque at Zongo in the charge also of Madame Amina, Meriam Ali and Mama Ali.

3. I bequeath to Adama, Aramu, Asibi Maminah, Adjumah, Zanaboo, Agara, my wives a sum of Twenty Pounds each.

4. I bequeath the balance of my money in the Bank of British West Africa after deducting the (£140) One hundred and forty pounds referred to in the preceding paragraph to Madame Amina, Meriam Ali, and Mama Ali. They are to use the money for the benefit of themselves and the members of my family and children in Accra.

5. I bequeath to my son Mama Ali all my effects consisting of trinkets, war medals and wearing apparel.

6. I appoint Henry Hely Wartemberg of Elmina and Timothy Laing of Accra and Cape Coast Son of the late Revd. Timothy Laing my executors. They are to see that the conditions and the terms of this will are carried out and they are to be properly compensated by Madame Amina, Meriam Ali, and Mama Ali.

7. This will shall be in full force at the date of my death."

On 2nd February 1908, Ali died and on 10th September 1908, the will was proved by Timothy Laing, one of the executors.

The question of construction to be determined on this appeal arises under cl. (2) of the will. It is this: Is the property therein mentioned, which is hereinafter referred to as the Zongo land, devised to Madame Amina, Meriam Ali, and the respondent merely as trustees, or is it devised to them for their own benefit? If the former be the true view, then inasmuch as the trusts upon which the property is to be held are not declared in the will, the beneficial interest in it devolved as upon an intestacy. Their Lordships are informed that in that case, according to the law governing its succession, the property passed to all the testator's children in equal shares except that a son took two shares to a daughter's one. It was not, however, until 18th October 1937, that any attempt was made by the appellant to establish her right to a share in the Zongo land. On that date she began the present action as plaintiff, purporting to sue on behalf of herself and four other of the testator's children who would be interested on the footing of an intestacy. She claimed by her writ to have her and their title to share in the Zongo land declared and to have the usual consequential accounts taken. The defendants to the action were the respondent and Meriam Ali. In the meantime the respondent and Meriam Ali and, until her death in the year 1912, the widow Madame Amina, had treated the Zongo land as though it had been devised to them beneficially. If it had in truth been so devised, the question whether the three took it as joint tenants or as tenants in common need not be discussed. For, it appears that on the death of Madame Amina all her real and personal estate devolved upon Meriam Ali, and that by a