Phillips's Estate

Opinion by

Mr. Justice Simpson,

This is an appeal from the refusal of the court below to award an issue devisavit vel non. The petition prayed that it be granted on two grounds: (1) To determine whether or not decedent had testamentary capacity; and (2) Whether or not the writing produced “is the last will and testament of Mary Phillips, deceased.” The latter involves a mixed question of law and fact, and cannot properly be made the subject of an issue devisavit vel non: Bitner v. Bitner, 65 Pa. 347; Lappe’s Est., 215 Pa. 424, 427. It was, therefore, wisely excluded from consideration in the…