DENNY, Justice.
The determinative question presented on this appeal is whether the interested parties in a proceeding before a clerk of the Superior Court to probate a will in solemn form are bound by the findings of the clerk where an issue of fact is raised by the parties. The answer must be in the negative.
The appellees contend that if the propounders originally had a right to trial by jury, it was restricted to a caveat after probate in common form, or...
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