Mopeh Palmer died intestate on December 8, 1957, leaving no widow, children, parents, brothers or sisters. He was, however, survived by certain next of kin of his father and his mother (Rose Palmer). His father had predeceased his mother. Letters of Administration were granted to the OfficialAdministrator of Estates, who petitioned the Supreme Court praying for directions " (a) Whether the assets herein should devolve on any person or persons; or (b) whether all the assets should be realised and the net proceeds paid into the Intestate Fund." Held (1) that the assets should devolve on "the next of kin of Rose Palmer who were living at the death of Mopeh Palmer, i.e., any brother or sister of Rose Palmer and any child or issue of any such brother or sister who were living at the death of Mopeh Palmer, i.e., to Christopher, Zach, Sophia, and Elizabeth (brothers or sisters of Rose Palmer) if living at the death of Rose Palmer, and to any child or issue of them if living at the death of Mopeh Palmer." (2) That no directions as to whether all assets should be realised and the net proceeds paid into the Intestate Fund could be given, because " there is no evidence before me that it is necessary to realise some or all assets for the purpose of administration of the estate." The Official Administrator appeared in person. BENKA-COKER C.J. This is a petition by the Official Administrator of Estates in Sierra Leone praying this court for directions in the estate of one Mopeh Palmer, late of Soldier Street, Freetown, Sierra Leone, who died at Freetown aforesaid on December 8, 1957, and whose estate this court granted on March 19, 1960, Letters of Administration to the said Official Administrator to administer. The Official Administrator prayed the court for directions as to: (a) whether the assets herein should devolve on any person or persons ; or (b) whether all the assets should be realised and the net proceeds paid into the Intestate Fund. Attached to the petition is a document marked " A " showing the family tree. The deceased Mopeh Palmer died possessed of the following: House and Land at No. 1 Soldier Street, Freetown, and Land at New England, Brookfields, and the sum of £331 Os. Od. in Barclays Bank, Freetown. According to the family tree exhibited the deceased Mopeh Palmer was the only lawful child of one Jonathan Palmer and Rose Palmer nee Hughes. This Jonathan Palmer, whom I shall refer to herein as Jonathan Palmer 2, was one of two lawful children of another Jonathan Palmer (whom I shall refer to as Jonathan Palmer 1) and an unnamed woman. The other lawful child of the said Jonathan Palmer 1 was one Robert Palmer who married a woman named Susan-who begat by his marriage seven children, namely, Akiala, Charlie, Irene, Jonathan (whom I shall refer to herein as Jonathan 3), Jemima (later Mrs. Macauley), Christiana and Laura. This Jonathan 3 died a bachelor-presumably the six other children are still living. Mopeh Palmer died on December 8, 1957, leaving no issue although he had been married twice-first to a Miss Asgill who died leaving no issue-then to a Miss Williams who also predeceased Mopeh Palmer leaving no issue. The said Rose Palmer, wife of the said Jonathan Palmer 2, was one of five lawful children of one Zach Hughes who married an unnamed woman-namely, Rose, Christopher, Zach, Sophia and Elizabeth. Presumably Christopher died a bachelor leaving no issue having predeceased Rose Palmer. Jonathan Palmer 2 predeceased his wife Rose Palmer. On his death, the right to inherit Mopeh's estate would become vested in his mother, Rose Palmer, and the brothers and sisters of Mopeh Palmer; if Mopeh Palmer left no widow. 

child or issue and if there be no brother or sister nor child of such brother or sister, the mother, i.e., Rose Palmer, shall take the whole. Mopeh Palmer had no brother or sister. (Rules 6 (1) and 7 of Schedule 2 of Cap. 2.) If therefore Mopeh Palmer had predeceased Rose Palmer, after the death of Jonathan Palmer 2, the right to inherit Rose Palmer's estate would become vested in Rose Palmer's next-of-kin, i.e., any brother or sister, and child or issue of such brother and sister surviving the said Rose Palmer. There is no direct authority in our Ordinance to determine who should inherit Mopeh Palmer's estate on intestacy but applying rules 6 and 7 of the Second Schedule to Cap. 2, or rather inferentially from rules 6 and 7 of the Second Schedule to Cap. 2, I hold that on the death of Mopeh Palmer without any child or issue, his father having predeceased Rose Palmer, his mother, the right to succeed passes on to the next-of-kin of the said Rose Palmer who were living at the death of Mopeh Palmer, i.e., any brother or sister of the said Rose Palmer and any child or issue of any such brother or sister who were living at the death of Mopeh Palmer, i.e., to Christopher, Zach, Sophia and Elizabeth if living at the death of Rose Palmer, and to any child or issue of them, if living at the death of Mopeh Palmer. On the second question posed, it seems from section 29 (1) of the Administration of Estates Ordinance (Cap. 2) that the Official Administrator is only entitled to pay into the Intestate Fund all sums of money which shall be in his hands to the credit of an intestate estate after he shall have administered the estate of the intestate who has died without leaving a widow or widower or next-of-kin and after he has paid all debts, fees, expenses and liabilities incident to the collection, management and administration of such estate. There is no evidence before me that it is necessary to realise some or all assets for the purpose of administration of the estate. I therefore can give no directions as to whether all the assets should be realised and the next proceeds paid into the Intestate Fund.