MATTER OF BEATTY


205 Misc. 962 (1954)

In the Matter of the Probate of The Will of Arthur J. Beatty, Deceased.

Surrogate's Court, Suffolk County.

May 11, 1954.


Attorney(s) appearing for the Case

Gross & Keck for George A. Beatty, proponent.

Glass & Lynch for Eileen B. Westfield, contestant.


HAZLETON, S.

The question with which we are concerned is: Can a contestant in a probate proceeding, who failed to timely file her demand for a jury trial be relieved of her omission and be permitted to file nunc pro tunc amended objections containing a demand for a jury trial. The objections without the demand for a jury trial were filed on April 12, 1954, and thereafter as soon as the mistake was discovered...

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