Brehony, Exr. v. Brehony

Opinion by

Mr. Justice Kephart,

This is an appeal from a judgment of the court of common pleas to which an issue, framed by the orphans’ court, was referred for trial. The question to be determined was whether the name affixed to a will was forged. The jury found it had been forged, but the trial judge on motion for judgment n. o. v. set the verdict aside and entered judgment in favor of the proponents of the will, thus sustaining the validity of the signature. Under the rule in Cross’s Est., 278 Pa. 170, where an issue had been awarded to the common pleas to determine a substantial dispute as…