Dovci Will

Opinion by

Hirt, J.,

In this will contest the lower court refused to grant an issue devisavit vel non. The question here is whether there is a substantial dispute as to decedent’s testamentary capacity on June 2, 1950. In her will executed on that date she gave her home in Mount Carmel to her son Michael Dovci. She died on August 28, 1951, at age 73. The above real estate comprised the whole of her estate and the effect of the devise was to disinherit her two daughters, the appellants herein.

The granting of an issue devisavit vel non is not a matter of right; there must be a substantial dispute…