In re the Estate of Callahan

Fowler, S.—

This is a discovery proceeding in which a jury ' trial is demanded as of right. A right to a trial by jury at common law involved a legal title to property in dispute and a verdict for damages. (Matter of Silverman, 87 Misc. Rep. 571.) Here the petitioner seeks to discover property and not to recover damages. If he discovers the property, then in such discovery proceeding against the person in alleged possession he claims the property in specie. I doubt the right to a trial by jury in such a proceeding as this. At common law there was but one form of action for the recovery of…