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Right to jury trial; discretion of orphans' court division - 20 Pa. Cons. Stat. § 777

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     § 777.  Right to jury trial; discretion of orphans' court
                division.
        (a)  Title to property.--When a substantial dispute of fact
     shall arise concerning the decedent's title to property, real or
     personal, any party in interest shall be entitled to a trial of
     such issue by a jury. The verdict of the jury shall have the
     same effect as the verdict of a jury in a case at law.
        (b)  Determination of incapacity.--Any person against whom
     proceedings have been instituted to establish his incapacity
     shall be entitled to a trial of such issue by a jury. The
     verdict of the jury shall have the same effect as the verdict of
     a jury in a case at law.
        (c)  Will contest and other matters.--When a contest shall
     arise concerning the validity of a writing alleged to be
     testamentary, or concerning any matter other than as provided in
     subsections (a) and (b) of this section, the orphans' court
     division, in its discretion at any stage of the proceedings, may
     impanel a jury to decide any question of fact, but the verdict
     of the jury shall be advisory only.
        (d)  Waiver of right.--A person desiring a trial by jury
     shall make demand therefor in writing at least ten days prior to
     the initial hearing before the orphans' court division or; if
     the initial hearing is dispensed with as provided in section
     778(b) (relating to combined hearings and trials) then at least
     ten days prior to the trial. The right to trial by jury is
     waived if such demand is not so made or, after having been made,
     the person claiming the right fails to appear.
     (Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

        1992 Amendment.  Act 24 amended subsec. (b). See section 21
     of Act 24 in the appendix to this title for special provisions
     relating to applicability.

Last modified: November 27, 2007