Seiler'S Estate

Citations

• 14 Pa. Super. 504
• 1900 Pa. Super. LEXIS 70

Syllabus

<p>Will — Rule governing award of issue d. v. n.</p> <p>It has been held repeatedly, that in determining whether or not there is such a dispute as should be submitted to and passed upon by a jury, it is the duty of the court to consider all the pertinent evidence. If the testimony is such that after a fair and impartial trial, resulting in a verdict against the proponents of the alleged will, the trial judge, after a careful review of all the testimony, would feel constrained to set aside the verdict as contrary to the manifest weight of the evidence, it cannot be said that a dispute, within the meaning of the act, has arisen. On the other hand, if the state of the evidence is such that the judge would not feel constrained to set aside tire verdict, the dispute should be considered substantial, and an issue should be directed. This simple and only safe test is supported alike by reason and authority.</p>