§560:1-306  Jury trial.  (a)  If duly
demanded, a party is entitled to trial by jury in a formal testacy proceeding
and any proceeding in which any controverted question of fact arises as to
which any party has a constitutional right to trial by jury.



(b)  If there is no right to trial by jury
under subsection (a) or the right is waived, the court in its discretion may
call a jury to decide any issue of fact, in which case the verdict is advisory
only. [L 1996, c 288, pt of §1]