In Re Last Will and Testament of Smoak

Littlejohn, Chief Justice:

*421This case involves the validity of the Will of Holly B. Smoak who died at age ninety on December 30,1980. His will of October 1979 was probated in both common and solemn forms. Thereafter, Dorothy M. Smoak, widow of the testator’s nephew and respondent herein, appealed to the Court of Common Pleas where the case was tried de novo by a jury. The jury invalidated the Will holding that it was the result of undue influence. The effect of this was to revive his previous Will of May 1979 wherein Dorothy M. Smoak faired more abundantly. The testator’s niece, Janette W.…