BENIN JA.
The late William Bart-Plange (hereinafter referred to as the deceased) who died on 21 March 1987 left behind a will, probate of which was taken in May 1987 by the defendant-appellants (hereinafter referred to as the defendants) who are among the children left by the deceased. The second and third plaintiffs-respondents (hereinafter referred to as the second and third plaintiffs, respectively) are also children of the deceased. But it is in dispute whether the first plaintiff-respondent (hereinafter refer-red to as the first plaintiff) was ever married to the deceased, and if so, whether she was a wife of the deceased at the time of his death. The second plaintiff who was not catered for by the deceased in his will was a student at the time of his father’s death. The third plaintiff, a cripple and mentally retarded child from birth, was also not catered for, not to mention the first plaintiff. Hence, this action by the plaintiffs whereby they sought an order “to make provision…