Commonwealth Trust Co. v. DuBruille

Citations

• 243 Pa. 292
• 90 A. 70
• 1914 Pa. LEXIS 616

Syllabus

<p>Wills — Precept to Common Pleas — Issue—Verdict—Questions of law — Jurisdiction, O. C. — Appeal.</p> <p>1. Where on the trial of a feigned issue to determine the validity of a will the jury answered the questions submitted in favor of the proponents, and the evidence, though conflicting, was sufficient to warrant the verdict, a judgment thereon will be affirmed.</p> <p>2. On appeal from a judgment of the Common Pleas on a verdict for plaintiff, rendered at the trial of an issue awarded to determine certain questions of fact relating to the execution of a will, the question whether the facts as found showed a proper execution under the Act’ of 1833 is one of law, which was for the Orphans’ Court, not for the Common Pleas, in the first instance, to decide, and which therefore could not be passed upon in the Supreme Court until the findings of fact had been certified to the Orphans’ Court, and the question had been decided there.</p>