In re the Estate of Shinder

S. Samuel Di Falco, S.

Petitioner in this proceeding under section 231-a of the Surrogate’s Court Act to have his compensation for legal services fixed moves to strike out respondents’ demand for a jury trial. Respondents, who are the *430executrix and sole legatees under the will, filed an answer in which, among other matters, a counterclaim requesting money damages based upon fraud and deceit was pleaded. They contend that they have a right to a jury trial on the basis of that counterclaim. Their contention is overruled.

There is no' constitutional right to a jury trial in a proceeding under…