Fay Estate

Opinion by

Arnold, J.,

This appeal is from the refusal of the orphans’ court of an issue devisavit vel non.

Katheryne J. Fay died November 23, 1946, and her will dated July 17, 1945, was probated. Under it, after some merely token legacies, she gave the residue of her estate to Dr. J. A. Root and named him executor. On the same date she conveyed to Dr. Root an apartment building in Erie, but in which she continued to reside until her death. Dr. Root was not related to her.

Roy Keefer and his wife, Mary, lived in Cleveland, and for many years had known the decedent, who was maid of honor at their…