Geist's Estate

Opinion by

Me. Justice Linn,

This appeal is from the refusal of an issue devisavit vel non. Section 21 (b) of the Orphans’ Court Act, 1917, P. L. 363, 382, 20 PS section 2582, provides: “Whenever a dispute upon a matter of fact arises before any Orphans’ court, on appeal from any register of wills, or on removal from any register of wills by certification, the said court shall, at the request of either party, direct a precept for an issue to the court of common pleas of the county for the trial thereof. ...” The facts alleged by appellant to. be in dispute, within the terms of this section, are…