FISHER WILL


403 Pa. 612 (1961)

Fisher Will.

Supreme Court of Pennsylvania.

May 22, 1961.


Attorney(s) appearing for the Case

Virginia Funk, with her Michael Edelman, for appellant.

Joseph B. Quinn, with him Roger J. Soens, and H. Lyle Houpt, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BELL, May 22, 1961:

The lower Court refused an issue devisavit vel non. Appellant correctly states that the questions involved are (1) whether there was a substantial dispute of fact (a) as to decedent's testamentary capacity; (b) as to whether the decedent's last will was obtained by undue influence or fraud; and (2) whether the Court below abused its discretion in refusing to award an issue devisavit vel non.

The lower Court in an...

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