Gauthier v. Gosselin

This case presents the issue whether the verdict or findings of a jury, in a probate appeal involving the validity of a will, are advisory to or binding upon the Trial Court. Since there is no constitutional right to a jury trial in a probate appeal (James v. Staples, 87 N. H. 49: 2 Page, Wills (3d ed.), ss. 643, 644), the issue is solely one of legislative intent. Consequently eases in other juris-' dictions are of little weight and the relative merits of either view calls for a legislative rather than a judicial judgment. See, Fed. R. Civ. P., Rule 39; Model Probate Code (1946) s. 18 (b)…