In re the Accounting in the Estate of Stark

Cohalan, S.

With objections filed to this administrator’s account is a demand for jury trial. The application must be denied. Sections 67 and 68 of the Surrogate’s Court Act give to parties in proceedings in Surrogates’ Courts the right to a jury trial of issues of fact in probate proceedings, and in any other proceedings where there is an issue of fact “ of which any party has constitutional right of trial by jury.”

*241“ Constitutional right ” refers to the following provision in article I, section 2, of the existing Constitution, which was ratified in 1894 and went into effect in 1895. “ The…