In re the Judicial Settlement of the Account of Crook

Schulz, S.

Upon the judicial settlement of an account, application is made for a trial by jury of the controverted questions of fact arising upon a claim presented against the estate which was heretofore rejected. The petitioner urges that such right exists by virtue of section 68 of the Surrogate’s Court Act. In opposition, *644it is alleged that he is not entitled to such trial as a matter of right and that it should not be granted as a matter of discretion.

So far as I have been able to ascertain, the Court of Appeals has never directly passed upon the question. I do not read Matter of Scovill,…