In re the Probate of the Will of Beatty

Hazleton, S.

The question with which we are concerned is: Can a contestant in a probate proceeding, who failed to timely file her demand for a jury trial be relieved of her omission and be permitted to file nunc pro tunc amended objections containing a demand for a jury trial. The objections without the demand for a jury trial were filed on April 12, 1954, and thereafter as soon as the mistake was discovered, the demand for a jury trial was filed on April 22d. Petitioner then moved to strike out the demand, while contestant countered with a motion to file amended objections nunc pro tunc as of…