Lamb v. Lamb

Elliott, J. —

The appellees instituted this action to set aside the will of Stanton Lamb, deceased.

The appellants asked the court to try the case and deny the appellees a right to a trial by jury, and this request was refused. In this there was no error. The issue in such an action as this was not one of exclusively equitable jurisdiction prior to June 18th, 1852, and, therefore, it is not within the provisions of section 409, R. S. 1881. The proceeding to contest a will in a court of law under our system is purely one of statutory creation, and the provisions of section 409, of the code of…