In re the Estate of Santillo

*938OPINION OF THE COURT

William J. Regan, S.

The objectant has demanded a jury trial with respect to the execution of an antenuptial agreement entered between Nancy Arnold Dwyer Santillo, the objectant herein, and the decedent, Michael Santillo, Jr., said instrument dated December 1,1975.

SCPA 502 (subd 1) provides a right to a jury trial in "any proceeding in which any controverted question of fact arises as to which any party has a constitutional right of trial by jury and in any proceeding for the probate of a will in which such question of fact arises, if duly demanded.”

The issues of fact which…