Williams, Webb and Kitto JJ held that the bequest to an order of nuns or the Christian Brothers was valid as being an immediate gift in favour of the body selected and that the trust for the residue was saved by s37D.
Williams, Webb and Kitto JJ held that Myers J was correct in deciding that clause 3 was valid as being an immediate gift in favour of the body selected. They upheld the appeal on clause 5 holding that the trust for the residue was saved by s37D.