Dichter Will

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal from a decree of an orphans’ court (one judge dissenting), dismissing an appeal from the probate of a will and refusing to grant an issue devisavit vel non. The allegations were (1) mental incapacity (2) undue influence.

Daniel M. Diehter, the decedent, died January 5, 1944, aged 78 years. The official death certificate gave the cause of death as “Cardiac Dilation due to Arteriosclerosis Psychosis”. His next of kin were a brother and two nephews, issue of a deceased brother. The estate was valued at $7,000. All of the property (except 50…