Mark's Estate

Opinion by

Mr. Justice Frazer,

Annie S. Mark, a widow, died December 19, 1927, aged fifty-eight years, leaving a will bearing date December 2, 1927, which was duly probated. An appeal from the decision of the register of wills, admitting the instrument to probate, was filed by heirs at law and next of kin, alleging want of testamentary capacity and undue influence, and asking that an issue d. v. n. be awarded. The court below refused the issue and this appeal followed.

It is admitted by counsel for contestants that “In so far as the learned court below found facts, the appellants have little…