Section 43-2-296
Trial.
On the day specified in the citation, or after publication as required, or on any day thereafter to which the hearing may be continued, the court must proceed to hear the evidence, and may, in its discretion, examine the parties; and when the application charges embezzlement, waste or any other maladministration of the estate, either party is entitled to a trial by jury.
(Code 1852, §§1703, 1704; Code 1867, §§2024, 2025; Code 1876, §§2393, 2394; Code 1886, §2050; Code 1896, §97; Code 1907, §2571; Code 1923, §5794; Code 1940, T. 61, §184.)