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