DEFINITION OF
WORD, PHRASES AND CLAUSES CONTAINED IN THIS LAST WILL OF (NAME HERE)
It is now agreed that in this last will of (NAME
HERE) that unless the context or subject matter otherwise requires:
(i) “Houses” means each of the wives of (NAME HERE) and their
surviving children
(ii) “Land” Means empty plot that has no structure on it.
(iii) “Structures” means make shift or uncompleted building erected on
land with appurtenances.
(iv) “Buildings” means completed building only with appurtenances
therein.
(v) “Family house” means the testator’s building in his village
which he build and resides init with his family.
(vi) “Children”
means male and female children born for the testator by her wives only.
(vii) “Ancestral house” means buildings/lands inherited by the testator
from his own family.
(viii) “Family” means wives, and children of the
testator and member of the testator family appointed by the testator.
(ix) “Order of seniority “ means arrangement according to order of
their marriage to the testator.
(x) “Ancestral customary
family house inheritance” means the buildings /structures /lands situate, being
and lying at the testator’s village which he shares commonly with other
surviving relatives sharing the same progenitors with him
THE LAST WILL AND TESTAMENT
OF
(NAME HERE)
I, (NAME HERE), a native of Ndiedu, Ndiodo
village, Akanu, Ohafia Local Government Area, Abia State, Nigeria, now residing
at No 19 Ogbaga Road, kpiri-kpiri, Abakaliki, Ebonyi Local Government Area,
Ebonyi State, Nigeria, do hereby solemnly make, present, publish and declare
willfully, without any undue influence this will to be my lost will and
testament. And I hereby expressly revoke all other wills and codicils make by
me.
ARTICLE I
I willfully, in good faith with out any undue
influence bequeath my family house at Ania, Uzo Ndi Uduma to my surviving sons according
to their order of sonority as follows:
(a) I bequeath one room from the main building with palour
comprising of dinning at my family house at Ania, Uzo Ndi Uduna to my first son
Omiko Oburu Omiko.
(b) I bequeath one room from the main building at my family house
at Ania, Uzo Ndi Uduma to my son Omiko chika.
(c) I bequeath one room from the main building at my family house
at Ania, Uzo Ndi Uduma to son Ikechukwu Omiko.
(d) I bequeath one room from the main building at my family house
at Ania,, Uzo Ndi Uduma to my son Kalu Omiko.
(e) I bequeath one room from the main building at my family house
to my son Omiko Ogechi.
(f) I bequeath one room from the main building at my family house
at Ania,, Uzo Ndi Uduma to my son Uduma Omiko.
(g) I bequeath one room from the main building at my family house
at Ania,, Uzo Ndi Uduma to my son Omiko Okechukwu.
(h) I bequeath one room from the main building at my family house
at Ania,, Uzo Ndi Uduma to my son Ugochukwu Omiko.
And in the event that any of my sons shall not
survive me in respect to his bequeath
arising form my family house only at Ania, Uzo Ndi Uduma, then, I shall
bequeath such legacy to his siblings form his mother’s house.
(i) I bequeath two rooms only at the back side of the main
building at my family house at Ania, Uzo Ndi Uduma to my first wife Omiko
Hannah.
(j) I bequeath two rooms only at the back side of the main
building at my family house at Ania, Uzo Ndi Uduma to my second wife Omiko
Comfort.
(k) I bequeath two rooms only at the back side of the main
building at my family house at Ania, Uzo Ndi Uduma to my third wife Omiko
Florence.
(l) I bequeath two rooms only at the back side of the main
building at my family house at Ania, Uzo Ndi Uduma to my fourth wife Omiko
Janet.
And in the event that any of my wives shall not
survive me in respect to her bequeaths arising form my family house at Ania,
Uzo Ndi Uduma, then, I shall bequeath all such bequeaths to all the sons of
such deceased wives(s).
ARTICLE 2
I bequeath willfully, in good faith with out duress
my building (2 story building) comprising six flats at Health centre by Uzo
Isugu Akanu Ohafia, Ohofia Local my four(4) Houses according to their order of
seniority as follows:
(a) I bequeath one flat in my building (2 story building) at
Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia
state to the House of my first wife Omiko Hannah.
(b) I bequeath one flat in my building (2 story building) at
Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia
state to the House of my second wife Omiko Comfort.
(c) I bequeath one flat in my building (2 story building) at
Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia
state to the House of my third wife Omiko Florence.
(d) I bequeath one flat in my building (2 story building) at
Health centre by Uzo Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia
state to the House of my fourth wife Omiko Janet.
And in the event that any of my child or children
and wives shall not survive me in respect to the bequeath to their respective
Houses arising form my building (2 story building) at Health centre by Uzo
Isugu, Akanu Ohafia, Ohafia Local Government Area, Abia State; then, I shall
bequeath such legacy to the surviving children and or wife(s) in the respective
houses.
(e) I
bequeath two (2) flats on the grand floor in my building (2 story building) at Health centre by Uzo Isugu, Akanu
Ohafia, Ohafia L.G.A, Abia State to my four(4) houses to be used for commercial
purpose only.
(f) The
proceed accruing from all commercial venture arising from my said two(2) flats on the ground floor in my
building (2 story building) at Health centre
by Uzo Isugu, Akanu Ohafia, Ohafia L.G.A, Abia State shall be shared equally by my four(4) houses monthly or
as may be determined by them.
And in the event that any of my children shall not
survive me in respect to the bequeath arising from two(2) flats on the grand
floor in building (2 story building) at health centre by Uzo Isugu, Akanu
Ohafia Ohafia L.G.A, Abia State, which is mentions described in Article(2) (e),
then, I shall bequeath such legacy to the surviving children of such my
deceased child and or children from such house(s).
ARTICLES 3
I, in good faith, devoid of my duress, willfully
bequeath the share of my customary inheritance of my family ancestral house (a
story building) at Ndi Edu (Ime Ezi), Akanu, Ohafia L.G.A, Abia state to my
surviving sons.
And in the event that any of my sons shall not
survive me in respect to this bequeaths arising from my family ancestral house
(a story building) at Ndi Edu. (Ime Ezi) Akanu, Ohafia L.G.A, Abia state, then,
I shall bequeath such legacy to the surviving child or children of such my
deceased child and or children.
ARTICLE 4
I, in good faith, will fully bequeath my 2 story
building at Ime Ogo before Ndi Anya, Akanu Ohafia L.G.A, Abia State
to the four (4) Houses.
Being a commercial building, the proceeds accruing
from(2 story building) at Health centre by Uzo Isugu, Akanu Ohafia, Ohafia
L.G.A, Abia State shall be shared by the four (4) Houses equally.
And in the event that any of my child or children
and wives shall not survive me in respect to the bequeaths arising from my 2
story building at Ime Ogo before Ndi Anya, Akanu Ohafia L.G.A, Abia State,
then, I shall bequeath such legacy to the surviving child or children from the
respective house(s).
ARTICLES 5
I, solemnly in good faith, without any undue
influence willfully bequeath my two(2) different plots of land at paradise
(Achi) Oko Raod, Akanu, Ohafia L.G.A., Abia State to my two(2) sons as follows:
(a) I
bequeath one plot out of my two(2) different plots of land at Paradise (Achi) Oko road, more precisely mentioned,
described and expressed in survey
plan No HSL /AB 007 / 2011 as Igboro Nna Egbuta Oko road, in Akanu Ukwu Autonomous community,
Ohafia LGA, Abia State to my son Ogechi
Omiko
Road,
Akanu, Ohafia L.G.A., Abia
State to my my son Omiko
Kalu.
(b)
I bequeath one plot out of my two(2) different plots of land at Paradise (Achi) Oko road at Igboro Nna Egbuta Oko road,
in Akanu Ukwu Autonomous community, Ohafia LGA, Abia State
to my son Kalu Omiko.
And in the event that any of my two (2) sons: Ogechi
Omiko and Kalu Omiko shall not survive me in respect to their respective bequeath arising from
my two(2) different plots mentioned, described, delineated and expressly shown
in Article 5 (a) (b) above, then, I shall bequeath such legacy to the surviving
child or children of such my deceased child or children.
ARTICLE 6
I, willfully in good faith do hereby bequeath my
four(4) plots of land at Uzo Ndi Uduma opposite my residence at Ania, Akanu,
Ohafia L.G.A, Abia
State which was intended
to be used for filling station to my four (4) Houses.
(a) I
declare that all that my four(4) plots of land at Uzo Ndi Uduma opposite my residence at Ania, Akanu, Ohafia L.G.A, Abia
State which was intended to be used
for filling station shall be delineated, partitioned, delimited and shared by my four(4) houses in the ratio of a plot
of land each to respective houses
And in the event that any of my child or children
from each of my four(4) houses not survive me in respect to my four(4) plots of land at Uzo Ndi Uduma
opposite my residence at Ania, Akanu, Ohafia L.G.A, Abia State, then, I shall
bequeath such legacy to the surviving child or children of such house(s).
ARTICLE 7
I in good faith, willfully bequeath my parcel of
land at Uzo Isugu, Akanu, Ohafia L.G.A, Abia state, more particularly
mentioned, described and clearly shown in survey plan No: HSL / AB 013 / 2011
as Abuo Akanu Ukwu Autonomous community, Ohafia LGA Abia State to my four(4)
houses.
(a) I
declare that all that my parcel of land at Uzo Isugu, Akanu, Ohafia L.G.A, Abia State, more particularly
mentioned, described and clearly shown in survey
plan No: HSL / AB 013 / 2011 as Abuo Akanu Ukwu Autonomous community, Ohafia LGA Abia State shall be
delineated, partitioned, delimited
and shared by my four (4) houses in the ratio of a plot of land each to respective houses
And in the event that any of my child or children
from each of my four (4) houses not survive me in respect to my parcel of land
at Uzo Isugu, Akanu, Ohafia L.G.A, Abia
State, then, I shall
bequeath such legacy to the surviving child or children of such house(s).
ARTICLE 8
I, in good faith, solemnly do hereby bequeath
willfully my one story building comprising 4 flats situate, being and lying at Ogbo
hill, beside NTA channel 6 Aba, Abia state to my two (2) Houses: Hannah Omiko’s
house and Janet Omiko’s house in order of their seniority as follows:
(a) I
bequeath 2 flats out of the 4 flats in my one story building at Ogbohill Aba, beside NTA channel 6 Aba, Abia state
to the House of Hannah Omiko.
(b) I
bequeath 2 flats out of the 4 flats in my one story building at Ogbohill Aba, beside NTA channel 6, Aba Abia
State to the House of Janet
Omiko.
And in the event that any of my child, children or
wives from any of the Houses shall not survive me in respect to this bequeath
arising from the 2 flats each out of the 4 flats contained in my one story
building at Ogbohill Aba, beside NTA Channel 6 Aba, Abia State, then, I shall
bequeath such legacy to the surviving child or children from such House(s).
ARTICLE 9
I, solemnly in good faith, without any undue
influence bequeath willfully my buildings with appurtenance situate, being and
lying at NEPA Line, Aba, Abia State to my two (2) Houses: Comfort Omiko’s house
and Florence Omiko’s house in order to their seniority in equal proportion
as follows:
(a) I bequeath half portion of my building with appurtenance
situate, being and lying at NEPA Line, Aba, Abia State to the House of Omiko
Comfort.
(b) I bequeath half portion of my building with appurtenance
situate, being and lying at NEPA Line, Aba, Abia State to the House of Omiko
Florence
And in the even that any of my wife(s) child or
children from any of the Houses shall not survive me in respect to the bequeath
arising form half portion of my building with appurtenance situate, being and
lying at NEPA Line, Aba, Abia State, then I shall bequeath such legacy to the
surviving child or children form such House.
ARTICLE 10
I,
solemnly in good faith willfully without any duress bequeath my building at No
30 Udensi Street, Abakaliki, Ebonyi
State comprising 12 rooms
to the House of Omiko Florence. And in the event that any of my surviving child
or children from the House of Omiko
And
in the event that any of my surviving child or children from the House of Omiko
Florence shall not survive me in respect of my said building at No 30 Udensi
Street, Abakaliki, Ebonyi
State, then, I shall
bequeath such legacy to the surviving child or children form such House.
ARTICLE II
I solemnly in good faith with out any undue
influence, willfully bequeath my building at No 8 Ogbodudu street, Kpiri-,
Abakaliki, Ebonyi
State to the House of
Omike Comfort.
And in the event that any of my surviving child or
children from the House of Omiko Comfort shall not survive me in respect to my
said house at No 8 Ogbodudu street, Kpiri-kpiri, Abakaliki, Ebonyi State,
then, I shall bequeath such legacy to the surviving child or children of such
House.
ARTICLE 12
I willfully in good faithfully without any duress
bequeath my four (4) plots of land containing buildings with appurtenances
therein at No 7 Omiko Street near water resources, Abakaliki to my sons and
relations in the following orders:
(a) I
bequeath one plot of land from behind out of the four (4) plots of land containing buildings with appurtenances
therein at No 7 Omiko Street near water
resources, Abakaliki, Ebonyi state to my son Omiko Kalu.
(b) I bequeath one plot of land from behind out of my four (4)
plots of land containing buildings with appurtenances therein at No 7 Omiko
Street near water resources, Abakaliki, Ebonyi state to my son Omiko Ogechi.
(c) I bequeath one plot of land containing five (5) rooms located
at the right side accessing my four (4) plots of land containing buildings with
appurtenances therein at No 7 Omiko Street near water resources, Abakaliki,
Ebonyi state from the front gate to my relation Elder Philips Mba Agwu.
(d) I bequeath one plot of land containing loose structure(s)
Located at the left side accessing my four (4) plots of land containing
buildings with appurtenances therein at No 7 Omiko Street near water resources,
Abakaliki, Ebonyi state from the front gate to my relation Uma Okeh Uma and his
family.
And in the event that any of my surviving sons and
relations mentioned herein in respect to the bequeath in my four (4) plots of
land containing buildings and appurtenances therein at No 7 Omiko Street
Abakaliki, Ebonyi state shall not survive me, then, I shall bequeath such
legacy to the surviving child and or children of my surviving deceased sons and
relation. Elder Philip Mba Agwu and for such
other my relation Umah Okeh Uma to the surviving members of his family.
ARTICLE 13
I solemnly in good faith, without any duress
willfully bequeath my three(3) story building containing eight (8) flats
situate, being and lying at No 19 Ogbaga Road, Kpiri-kpiri, Abakaliki, Ebonyi State
to my four Houses in the order of their seniority as follows:
(a) I
bequeath to the House of my first wife Omiko Hannah two (2) flats out of the
eight (8) flats in my three (3) story building at No 19 Ogbaga Road,
Kpiri-Kpiri, Abakaliki Ebonyi State
(b) I
bequeath to the House of my second wife Omiko Florence two (2) flats out of the
eight (8) flats in my three (3) story building at No 19 Ogbaga Road,
Kpiri-Kpiri, Abakaliki Ebonyi State.
(c) I
bequeath to the House of my third wife Omiko Florence two (2) flats out of the
eight (8) flats in my three (3) story building at No 19 Ogbaga Road,
Kpiri-Kpiri, Abakaliki Ebonyi State
(d) I
bequeath to the House of my fourth wife Omiko Janet two (2) flats out of the
eight (8) flats in my three (3) story building at No 19 Ogbaga Road,
Kpiri-Kpiri, Abakaliki Ebonyi State.
And in the event that any of my child or children,
wife or wives form any of the Houses shall not survive me in respect to the
bequeath arising from my three(3) story building at No 19 Ogbga Road,
Kpiri-kpiri, Abakaliki, Ebonyi state, they, I shall bequeath such legacy to the
surviving child or children from such House.
ARTICLE 14
I, solemnly in good faith, devoid of any undue
influence, willfully declare and bequeath my business venture: Somik’s quarry
Enterprises situate, being and lying at plot 34 Stone Crushers Enterprises
Zone, Umuoghara, Ezza North LGA, Ebonyi
State as follows.
(a) I bequeath my business venture: Somik’s Quarry
Enterprises at plot 34 Stone
Crushers Enterprises Zone, Umuoghara, Ezza North LGA, Ebonyi State to my entire family.
(b) I appoint my relation, Elder, Phillip Mba Agwu to be the
General Manager of Somik’s Quarry Enterprises.
(c) All
family members shall crush stone or perform any other function that may accrue profit to such family member
based on the standard practice stipulated
by the management of Stone Crushers Enterprises Zone, Umuoghara, Ezza North LGA, Ebonyi State.
(d) I declare that the General Manager shall be remunerated on a
monthly salary which shall be subject to upward review and shall be determined
by the management.
(e) I further declare that at all material time while Somiks
Quarry Enterprise shall continues in business, profit or proceed accruing from
the venture shall be shared in five (5) equal proportions.
My four (4) houses shall received four(4) parts, in
the ration of one house to one part, while one(1) part shall be taken by elder
Phillips Mba Agwu.
And in the event that any member of my family shall
not survive we in respect to the bequeath in Somik’s Quarry Enterprises, then I
shall bequeath such legacy to the surviving children to such deceased member of
my family.
ARTICLE 15
I appoint my relative: Elder Philips Mba Agwu to be
my Executor.
If however my relation Elder Phillips Mba Agwu
should not survive me or is un willing, unable, physically incapacitated or of
un sound body and mine to complete the administration of my estate, then, my surviving
sons shall be my executor.
I direct my Executor to pay any judicially
enforceable debts, raise money from my estate and or from any means form my
burial or funeral expenses, administrative expenses of my estate. I, further
direct that all taxes, rates, levies, (together with any interest or penalties)
which shall become payable by me or by reason of my death shall be performed by
my Executor out of my estate.
ARTICLE 16
I direct that my executor shall not be remunerated
in the event of discharge of this will and other incidentals. I further directs
that all reasonable expenses (including legal fees) incurred in the discharge
of this will and in the discharge of this will and in the administration of my
estate shall be re-embursed to the executor.
ARTICLE 17
In the event of any inconsistency between a
provision of my will and any relevant custom or tradition, I hereby declare
that the provisions of my will shall prevail and shall remain paramount for all
intent, purposes and in all circumstances in the presence of my Executor.
IN WITNESS
WHEREOF, I,
(NAME HERE) (Testator) on this…………. ..day of ……………….……………….2013 do hereby
solemnly in good faith, under me undue influence willfully sign, seal, publish
and declare this instrument to be my last will
I, (NAME HERE) (testator) append my name and sign
this instrument this………. Day of…………………………………2013 and do hereby declare that I
sign and executed this will voluntarily under sound body and mine free form any
undue influence and constraint.
……………………………………………………………………
(NAME
HERE)
(Within named testator)
I the witness, at the invitation of (NAME HERE)
(Testator), Scribe my names and append my signatures herein under to this
will/present/instrument and do hereby make declaration that (NAME HERE)
(Testator) in my presence and in the presence of each other signed and executed
this will/present/instrument as his last will and testament.
Signature__________________________________________
Name:_____________________________________________
Address:____________________________________________
Occupation__________________________________________
And I further declared that (NAME HERE) (Testator)
willfully, in good faith under sound body and mine without any undue influence
signed this will/present/instrument in my presence, and in the presence of
others. I further declare that at the time of appending his signature, the
testator, to the best of my knowledge and understanding is of sound body, mine
and under no constraint and undue influence what so ever.
JURAT
The foregoing having been first read and interpreted
to the
illiterate(s) witness in ……………language
by me………………..(Sworn interpreter) and he
appeared perfectly to understand the same
before affixing his/her thumb impression
or mark thereto in the presence of:
……………………………….
MAGISTRATE