Coffey v. Coffey

The opinion of the Appellate Court, as delivered by Mr. Justice Dibell, is as follows:

“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 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…