It is the purpose of the discussion which follows to consider how far the court organization in typical jurisdictions is adapted to a differentiation between contentious and noncontentious business. The sharp differentiation in English law will first be pointed out. Then the probate judicial organizations of various typical states will be considered in connection with the questions: How far have they retained the distinction between contentious and noncontentious business emphasized in the English system which served as their model? How far have they developed a basis of differentiation unlike the English model? The answer to these questions will involve some consideration of the matter of will contests and of appeals by trial de nova in the court of general jurisdiction. But it must be pointed out that the handling of contentious and noncontentious business is under consideration here only as a matter of court organization and not as a matter of probate procedure.
Lewis M. Simes & Paul E. Basye,
THE ORGANIZATION OF THE PROBATE COURT IN AMERICA: II,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol43/iss1/5