In re Estate of Rivara

In this reverse discovery proceeding (SCPA 2105), at issue is the ownership of two closely-held corporations. The surviving spouse alleges that she is the sole owner of the corporations, while the decedents son in his capacity as executor of the estate alleges that the estate is the owner. The surviving spouse has made a timely demand for a jury trial and the executor now moves the court for an order striking the jury demand, contending that the nature of the proceeding is in equity, for which the spouse has no right to a jury trial. As explained below, the motion is denied.