In re the Probate of the Will of Warren

Rubenstein, S.

The proponent’s motion to strike out the contestants ’ demand for a jury trial is denied. It is not disputed that a copy of the objections containing the demand for a jury trial was timely served upon proponent’s attorney and that the original papers were timely mailed to the clerk of this court and returned by him because they were not accompanied by the jury fee. Contestants actually filed the objections and paid the jury fee three days late.

The court is satisfied from the facts that there was no intention on the part of the contestants to waive a jury trial and that their…