Lare Will

Concurring Opinion by

Mr. Justice Allen M. Stearne:

I am in complete accord with the majority opinion.

The difference in opinion in this Court concerns the scope of the authority of a hearing judge in the orphans’ court as to when he should grant or refuse an issue devisavit yel non. The majority have decided that the exclusive function of such hearing judge is to determine whether there exists a substantial dispute of fact. The minority view is that the hearing judge may conclude, despite the testimony, that he would not support a verdict of a jury and therefore no substantial dispute exists.

To…