Curtis' Estate

Klein, J.,

This is the second appeal from probate in this case.

The decedent died on August 17, 1933. A will dated March 30,1930, was admitted to probate. A legatee under a will dated August 8,1933, appealed from this probate. The appeal was sustained after a hearing before Stearne, J., of this court and the second will probated. The present appeal is from the probate of this will.

The petition upon which this appeal is based prays for the award of an issue to the court of common pleas to try by jury the following questions of fact:

1. Whether or not the said writing was executed by the decedent;

2…