In re the Probate of the Will of Spooner

Schulz, S.

A careful consideration of this matter leads me to the conclusion that a trial by jury of the controverted questions of fact herein cannot be granted. The proceeding was brought prior to September first, and thus comes directly under the provisions of section 2771 of the Code, as amended and revised by chapter 443 of the Laws of 1914, which, so far as material, are as follows: “ Nothing in this chapter shall repeal * * * nor in any manner affect any litigation, action or special proceeding pending at the time when this act takes effect, and such pending action or special proceeding…