Zimmermann Will

Opinion

Per Curiam,

The appeal is from a decree of the Orphans’ Court of Clinton County refusing an issue devisavit vel non on the ground of alleged testamentary incapacity. The court decided that no substantial dispute existed upon any material fact.

Counsel for appellant, in' their paper book, make reference to the Orphans’ Court Act of August 10,195.1, P. L. 1163, 20 PS 2080.101 et seq. Section 745 of art. YII of the Act provides that where a substantial dispute shall arise in a will contest the right to a jury trial is a matter of right. In Section 746 (c) of the Act, it is enacted: “Effect…