Coffey v. Coffey

delivebed the opinion oe the Coubt.

We are of opinion appellant was not entitled to a jury trial. We regard that question as settled for proceedings of this character by Martin v. Martin, 170 Ill. 18. In that case, as in this, a party entitled to share in the estate applied to the Probate Court to compel the executors to inventory personalty which one of them claimed to own. That case holds that the proceeding is an equitable one; that the practice act and its provisions for jury trials and for propositions of law where juries are waived does not apply. The Probate Court tries questions…