Estate of Henry

OPINION

JONES, Chief Justice.

Traverse Henry died intestate on November 20, 1971. On this appeal1 from a decree of the Orphans’ Court of *520Montgomery County we are presented with the following issue: was it proper for the court below to dispose of the issue of who was the decedent’s lawful wife at the time of his death by granting appellees’ motion for summary judgment.

The decedent was married to Ella Mae Vontress on June 28, 1930. On August 31, 1930, appellee, Edward Henry, was born to appellee, Mary Mathis and one “Francis Henry,” whom the appellees claim is the deceased. On April 18, 1931,…