Matter of Ferrill

I do not agree with the majority opinion in the following particulars:

1. There is a distinction between the court having discretion to order a trial by jury if the parties have failed to make a timely demand when the issues are those covered by New Mexico Rule 38, and when the court may order a trial by an advisory jury, or a jury trial by consent of both parties (Rule 39(b) as opposed to Rule 39(b)). There is no constitutional nor common law right to trial by jury in probate matters, see Sheley v. Shafer, 35 N.M. 358, 370, 298 P. 942 (1931); State v. Ninth Judicial District, 40 N.M. 331,…