Noble's Estate

Opinion by

Mr. Justice Linn,

This appeal is from the refusal of an issue to determine whether testator lacked testamentary capacity and whether the will was obtained by undue influence exerted by Lawrence F. Probst.

This is not a common law action. In Tetlow’s Estate, 269 Pa. 486, 494, 112 A. 758, we said: “It is the established law of Pennsylvania that, in cases of the character of the one now before ns, the judge is vested with power to decide whether or not he shall submit oral evidence to the jury, even though it be conflicting. It is his right and duty, after weighing the whole evidence…