Matter of Garfield, 14 N.Y.2d 251 (1964)

In New York, whether a party has a right to a jury trial in Surrogate’s Court regarding a creditor’s claim against an estate depends on the nature of the claim and whether the actions taken by the parties constitute a waiver of that right.

Summary

This case addresses whether an executrix defending against a creditor’s claim in Surrogate’s Court is entitled to a jury trial. The Court of Appeals held that a jury trial is available when the creditor’s claim would have been triable by jury in Supreme Court. However, the right can be waived by failing to demand it properly. Here, because the claimant sought a determination in Surrogate’s Court, which the executrix agreed to initially, and because the executrix failed to file a timely demand for a jury trial, the executrix waived that right. The dissent argued that such claims, if brought in Supreme Court, would be subject to a jury trial, and should not lose that right merely because it is brought in Surrogate’s Court.

Facts

A creditor filed a claim against the estate of the deceased in Surrogate’s Court. The executrix of the estate disputed the validity of the claim. Initially, the executrix consented to a trial of the issues in Surrogate’s Court. Two months later, the executrix demanded a jury trial.

Procedural History

The Surrogate’s Court denied the request for a jury trial. The Appellate Division affirmed, holding there was no right to a jury trial in Surrogate’s Court for such claims. The Court of Appeals initially reversed and remanded for a jury trial, but on reargument, reversed its prior decision.

Issue(s)

1. Whether an executor defending in Surrogate’s Court against an alleged creditor’s claim has a right to a jury trial.
2. Whether the executrix waived the right to a jury trial by failing to make a timely demand as required by the Surrogate’s Court Act.

Holding

1. Yes, but conditionally. A party is entitled to a jury trial in Surrogate’s Court for a creditor’s claim if they would have been entitled to one had the claim been brought in Supreme Court, because the right to a jury trial should not depend on the chosen forum.
2. Yes, because Section 67 of the Surrogate’s Court Act requires a written demand for a jury trial to be served with the answer or objections and filed within three days, and the executrix failed to comply with this requirement.

Court’s Reasoning

The court reasoned that the right to a jury trial should be preserved where the underlying cause of action would have entitled the parties to such a right in Supreme Court. The court acknowledged prior case law establishing that certain claims against an estate, such as those based on contract, would carry a right to a jury trial if brought in a different forum. However, this right can be waived. The court referenced Section 67 of the Surrogate’s Court Act, which outlines the procedure for demanding a jury trial and specifies that failure to comply with the timing requirements constitutes a waiver. Chief Judge Desmond, in concurrence, emphasized that the executrix’s failure to demand a jury trial within the statutory timeframe constituted a waiver, regardless of the underlying right. He quoted Section 67 of the Surrogate’s Court Act, stating that a jury is “deemed waived” unless demanded in a writing served with the answer or objections and filed within three days. The dissent argued that the substance of the matter (the right to a jury trial on a contract claim) should outweigh procedural technicalities. The dissent would allow a jury trial because it would have been available in Supreme Court, and the change of forum should not destroy this right.