The deceased promised to bequeath his farm and cottage to his common-law wife's grandsons in exchange for their unpaid labour.
He later married the appellant, who claimed dependant's relief against the estate.
The trial judge ordered the properties conveyed to the grandsons and awarded the widow support based on an inflated estate value, refusing to consolidate the proceedings.
The Court of Appeal allowed the appeals, holding that the promise was to bequeath, not convey, meaning the properties remained in the estate and were subject to the widow's dependant's relief claim under s. 71 of the Succession Law Reform Act to the extent their value exceeded the grandsons' consideration.
The matter was remitted for a new trial on the dependant's relief claim.