In re Bryan

Order of the Surrogate’s Court of Kings county directing a jury trial of the issues modified by striking out the provision directing the trial to be had in the Supreme Court, and by inserting in the place thereof a provision that the trial be had in the Surrogate’s Court, and as thus modified affirmed, without costs. Section 68 of the Surrogate’s Court Act, except in respect of the probate of a will, gives a party the right to a jury trial in respect of a controverted question of fact only where such a party has a constitutional right of trial by jury. The executrix would have such a…