Morrish Estate

Opinion by

Hirt, J.,

We are all of the opinion that this case does not present an occasion when a court, though adopting the findings of a jury, is justified in setting aside the will of a testator.

Clara Morrish died on May 15,1943. On appeal from the probate of her will dated February 19, 1943, the judge specially presiding in the lower court submitted an issue devisavit vel non to a; jury empaneled in the orphans’ court under the Act of July 1, 1937, P. L. 2665, 20 PS 2585. At the trial the request of proponents of the will for a directed verdict was declined and the jury in answer to…