In re the Estate of Lacon

Otto 0. Jaeger, S.

Petitioner has moved to vacate a jury-

demand made by respondent, on the ground that the relief sought by the petition and the counterclaim interposed thereto by respondent are equitable in nature and that this is not a proceeding in which the respondent has a constitutional right of trial by jury.

The executrix has petitioned this court to compel the decedent’s surviving spouse to surrender and vacate certain real property of which the de'cedent was the record owner at the time of death, and the respondent (husband) has by way of affirmative defense counterclaimed, disputing…