Porter's Estate

Opinion by

Me. Justice Maxey,

This is an appeal from the dismissal by the Orphans’ Court of Fayette County of a petition for an issue devisavit vel non. Newell Armstrong Porter, Sr., died on October 9, 1940, aged 84 years, leaving a personal estate of $145,979.60 and real estate valued at $11,000. His only heirs at law were a brother, C. R. Porter, a niece, Mary Porter Wyatt, and six children of Mary Louise Stewart, a deceased sister. Decedent’s wife died in 1913 and they had no children. In October, 1940, Linn V. Phillips, Esq., counsel for Earl Huston, presented for probate to the Register of…