Estate of Holder v. Jochems

The opinion of the court was delivered by

Arn, J.:

This appeal involves a judicial construction of G. S. 1947 Supp. 59-2408, concerning the right to a trial by jury in the district court on an appeal from the probate court from an order denying restoration to capacity of a person previously adjudged incompetent.

On or about December 9, 1946, the appellant was adjudged mentally incompetent. This action was commenced some ten months later by her filing in the probate court a petition for restoration to capacity. After due notice and hearing, the probate court found that petitioner (appellant here)…