Plotts' Estate

Steakne, J.,

— This is a motion for a new trial, and for judgment non obstante veredicto, upon a verdict rendered by a jury against a will in an issue devisavit vel non. The case was tried by an orphans’ court judge under the Act of June 7, 1917, P. L. 363, as amended by the Act of July 1, 1937, P. L. 2665.

The issues directed to be submitted to the jury were (1) as to the date of execution of the will, and (2) mental capacity of decedent. The jury found that the will was not signed upon its purported date or subsequent to the date of a prior will, and that decedent did not possess testamentary…