In re Korn

This is an appeal from an order, entered on December 19, 1938, in the Surrogate’s Court, New York county, which denied the appellant’s motion for a jury trial of the issues in a discovery proceeding.

There is little, if any, dispute as to the facts. A discovery proceeding was commenced by the administratrix by an order *365entered on November 23, 1938. Two days later a certified copy was served upon the appellant. On November twenty-ninth, the return date of the order, appellant filed an authorization and notice of appearance and informed the surrogate that an answer would be interposed within two…