Hurst Will

Opinion by

Mr. Justice Eagen,

This is an appeal from the lower court’s adjudication in a will contest wherein an issue devisavit vel non was granted and the issue tried before a judge without a jury.

The-testatrix, Annie E. Hurst, executed the disputed will on December 2, 1949. She was then seventy-four years of age. She died January 19, 1958.

The testatrix lived with her son, Winfred Hurst, who died unexpectedly of heart failure on November 7, 1949,' while in early middle age. There were no other next of kin. In his will, Winfred Hurst gave Harry J. *615Alker, Jr., tlien an attorney,1 one-eighth of…