Rogers's Estate

Citations

• 154 Pa. 217
• 26 A. 225
• 1893 Pa. LEXIS 872

Syllabus

<p>Practice, orphans’ court — -Issue devisavit vel non — Issue to determine interest of contestant — Will.</p> <p>Where an answer is filed to a petition for an issue devisavit vel non, denying that the petitioner has any interest in the estate, it is proper practice to award an issue to determine the relationship or interest of the petitioner, before awarding an issue devisavit vel non. If both issues are directed, that which is to determine the contestant’s right to be heard should be tried first.</p> <p>Appeal — Costs—Evidence.</p> <p>Where the court below has refused to grant an issue in limine to determine the contestant’s right, the Supreme Court will not reverse the decree where the evidence is sufficient to justify, if not require, a jury to find in favor of the contestant’s right to be heard; but in such a case the appeal will be dismissed without costs.</p>