Estate Katherine Enyart Isabelle Lane and

Jury trial in will case within discretion of district court. 1. On appeal to the district court from an order of the probate court admitting a will to probate, a party has no constitutional right to a trial by jury on the issue of the validity of the will. The granting of a jury trial on one or more of the issues in such a case rests within the absolute discretion of the trial court. Even if a jury is at first impaneled, the court may discharge it and decide the issues itself.