CHILD LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO INHERITANCE AND ESTATE ADMINISTRATION CASES CONNECTED WITH WOMEN AND CHILDREN
TITLE | MAIN ISSUES |
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Women and substance/drug abuse – Death arising from a moment of mutual drunkenness – Wife-killing via a revolver shot by husband – Dying declaration of wife designed to protect husband and testimony of husband asserting accident – Where upstaged by conflicting circumstantial evidence – Duty of court thereto to consider both murder and manslaughter – Effect of considering murder alone |
BICKERSTETH (SINCE DECEASED) AND ANOTHER V. SHANU |
Young people and Inheritance – Will – Testamentary devise devising property on underage heir of testator upon the attainment of a certain age – Whether entitles heir to arrears of rent on property from the date Will vested or only when he attained prescribed age |
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Women and pregnancy – Safety of unborn children – Nervous shock caused to a pregnant wife who was eye-witness to fatal road accident – Action brought to recover from estate of driver-at-fault for alleged injury and stillbirth of child – How treated |
CHIEF EYO EDEM NSEFIK (SINCE DEAD) & ORS V. ROSEMARY MUNA & ORS |
Women and Inheritance – Will and Administration of Estate of a Deceased woman – procedural issues – Right of surviving husband and validity of will – Relevant considerations |
CHIEF J. L. E. DUKE V. REV. (DR.) PETER ETIM DUKE
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Estate administration – Multiple claims on estate arising from assertions of multiple marriages contracted by deceased person – Succession to interest in property – Claim that deceased person had a monogamous marriage – How proved or controverted – Rights of illegitimate children in the estate of their deceased father – Other relevant considerations |
CHIEF JACOB N. OBASI V. SLYVANUS O. EBENUGWU |
Real Estate – Defence of property rights – Role of wife in asserting or defending claim of spouse over property – Relevant considerations |
DANMOLA V. THE ADVISER ON LANDS |
Women/Young people and Real Estate/Land – Enfranchisement of tenements under an ordinance – Right of parents to make application on behalf of children – Lodgment of objection to claims thereto – How treated |
DANMOLE V. DAWODU |
Women/Children and Succession/Custom/Justice administration – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Essentials of – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
ELIZABETH ETIM ENEYO V. ADIM EFFIOM NSA & ANOR.
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Estate administration – Female heir of a deceased female judgment debtor – Execution of judgment for foreclosure against estate of deceased – Judgment given after the death of the deceased – Validity thereof – How treated – Right of heir against creditor – Relevant considerations |
ENGR. CHINEDUM O. ANYA V. BARR. ONWUCHEKWA O. ANYA & ORS |
ESTATE ADMINISTRATION – WILLS: – Validity of wills – Freedom of deceased testator to distribute his estate as he wants – How a Will can be challenged – Relevant considerations |
Women and Administration of property of deceased father – Woman as co-administrator of estate with two brothers – Bini Customary Law relating to land | |
FADAYOMI V. SADIPE & ORS. |
Women and Justice Administration – Joinder as a party to a suit without one’s consent – Whether person absolutely/constitutionally entitled to remove one’s name from any suit – Women and Estate Administration – Appointment as Executor/Executrix of a will – Application for probate – Use of Caveat to prevent probate of Will – Relevant considerations – Children/Mothers and Estate Management – Right of mother who is not an executor of a will to enter caveat against Executors so as to prevent probate and safeguard the interest of children |
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Young persons and Customary practices – Young persons and administration of estate of deceased mother/parent – Practice of inviting older relative to join as party for the grant of letter of administration – Whether establishes any co-ownership right in invited relative – Relevant considerations |
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Women and Inheritance – Widows and remarriage – Children of widow and the implications of their mother’s remarriage to inheritance rights – Covenant made by Widow to convey property for the benefit of her children by a first marriage made in pursuance of an agreement between her and intended husband – Whether can be enforced at the suit of the those children – Whether an exception to the general rule that the performance of a covenant cannot be enforced by volunteers |
HALL V. HALL |
Women and Inheritance – Widow of testatrix – widow as sole beneficiary of the whole of husband’s estate – Alleged inducement of testatrix by widow via threats, violence and intimidation – Legal effect – Attitude of court thereto |
HAMMED A. TORIOLA AND ANOR. V. MRS. OLUSHOLA WILLIAMS
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Women and Real Estate/Land – Women and Inheritance – Defence of interest in real property – Intestacy and – Women and Justice Administration – Proof of title to land under native law and custom – Rights as an Administrator of an estate |
HOARE V. HOARE |
Women and Justice administration/Inheritance and Estate Administration – Widows – Testacy and Wills – Matters arising therefrom – How treated |
Women and Inheritance – Estate of deceased woman – Succession thereto via will – Relevant considerations | |
HOUSTON AND OTHERS V BURNS AND ANOTHER |
Women and Inheritance/ Succession – Female testatrix without heir – Validity of charitable bequest of residue of estate made for the benefit of her parish or its neighbourhood – Whether direction to her trustees is void for uncertainty |
Succession to Property and Estate Management – Heirs of deceased parent – Succession to property with encumbrances – How discharged – Relevant consideration | |
IN RE EFFIONG OKON ATA v CHIEF ELIJAH HENSHAW |
Women and Slavery – Women and Succession/Inheritance – Succession to the properties of slave born person – Right of sister of a slave-born person against former slave-masters – Right of wife against other relatives to administer personal property of a deceased ex-slave |
Women and Succession/Inheritance – Woman testatrix – Donation/bequest of portions and residue of estate for charitable purposes – Challenge of same by heirs – How treated |
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