Devisavit Vel Non

In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his vdll. 7 Brown, Pari. Cas. 437; 2 Atk. 424; 5 Pa. St. 21.

The name of an "lit of a court of chancery. or Which exercises chancery or probate jurisdiction, to a court of law, to try the validit a paper asserted and denied to he a will, to in whether or not the testator did devise, or whether or not that paper was his will; 7 Bro. P. C. 437; 2 Atk. 424; Asay \. Hoover, 5 Pa. 21, 45 Am. Dec. 713. An application for an issue d< non is properly denied where the decided Weight of evidence is in favor of the I mentary capacity of testatrix, and it appears that the two sons in whose favor the will was made cared for their mother and her estate, while the two who had been disinherited, attempted to have her declared insane; In re Pensyl's Estate, 157 Pa. 4( Atl. 6G9.

In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to bea his will. 7 Brown, Parl. Cas. 437; 2 Atk. 424; 5 Pa. St. 21.

Lat. (Did he devise or not ? was there, in fact, a will, or not ?) In practice. An issue directed by a court of equity to a court of law, to try the validity of a will, upon some alleged objection of fact; such as fraud, or incapacity on the part of the testator.* 1 Powell on Dev. 626, 628, and note. 1 Story's Kq. Jur. § 440.

practice, the name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the that paper was his will. 7 Bro. P. C. 437; 2 Atk. 424.