Savelewitz v. Solid

Here the appellant (claimant) claimed the case for the jury docket, and the executor appellee moved to strike it off, on the ground that no jury trial is authorized in an appeal from the doings of commissioners in a solvent estate.

For many years prior to 1907 it was customary for the personal representative to represent the estate as insolvent, whether in truth that was fact or fiction, in order to have commissioners pass on claims. The fact is that if the estate was represented as solvent prior to 1907 there was no remedy by way of commissioners. In 1907 the legislature to some extent…