Hall Will

Opinion by

Me. Chief Justice Jones,

The question raised on these appeals is whether the court below erred in refusing to award an issue *214devisavit vel non with respect, primarily, to the testamentary capacity of the decedent at the time she executed her alleged will on June 20, 1955. The answer depends upon whether a substantial dispute exists, under the evidence adduced at the hearing before the chancellor, with respect to the decedent’s testamentary capacity at the critical time.

The long established rule as to when a party in interest has a right to a jury trial of an issue of fact concerning…