Lauer Will

Opinion by

Mr. Justice Patterson,

This is an appeal by Francis Smyser, brother of Annie A. Laner, deceased,, from the decree of the court below dismissing his appeal from probate of. her will and refusing to award an issue devisavit vel non to determine decedent’s testamentary capacity and the-exercise of undue influence upon her at the time the will was made.

Annie A. Lauer died October 12, 1942, survived by appellant, Francis Smyser, her brother, sole heir, and next of Mn, Sherman W. Smyser, Clarence H. Smyser and Warren Smyser, nephews and. six, grandnephews and grandnieces. Her.husband died…