In Re Will of Ellis

Tbe determinative question presented on tbis appeal is whether tbe interested parties in a proceeding before a clerk of tbe Superior Court to probate a will in solemn form are bound by tbe findings of tbe clerk where an issue of fact is raised by tbe parties. Tbe answer must be in tbe negative.

Tbe appellees contend tbat if tbe propounders originally bad a right to trial by jury, it was restricted to a caveat after probate in common form, or to an appeal from tbe order rejecting tbe probate in common form; but in any event tbe propounders bad a right to waive a trial by jury, which they did by…