Ada Beigh V. Colin Shaw, Since Deceased (Now Represented By A. L. Shaw And Others) (1936)

LawGlobal Hub Judgment Report – West African Court of Appeal

[Delivered by LORD PORTER]

Facts

This appeal concerns the administration of the estate of one Job Beigh, a trader of 17, Picton Street, Bathurst, in the Colony of Gambia, who died on the 19th December, 1927. leaving a will dated the 1st November, 1926, of which probate was granted on the 30th January, 1928.

Held

That will appointed one Colin Shaw and one William Topp to be executors and contained the following provisions which are material to the questions in issue in the present case :-

1. I give and devise my lot of land No. 10, Leman Street, Bathurst, to my dear wife Ada Beigh for the term of her natural life and after her death to the Father Superior of the R.C. Mission at Bathurst.
2. 1 direct that my said dear wife be permitted to reside in my premises No. 17, Picton Street, Bathurst, for 12 months only after my death.
3. I give and bequeath to my said wife the whole of the amounts due on the mortgage of 12, Hagan Street, Bathurst, that is to say both the principal and interest on it for her absolute use and benefit.
4. I give and bequeath unto my said wife all the goods in my shop at 17, Picton Street, Bathurst, and all my stock in trade and other personal effects belonging to me in connection with or used for the purposes of trade and the benefit of all contract* subsisting in relation to my business.”

Their Lordships will humbly advice his majesty accordingly.