§58-709.

§58-709.
   
   All issues of fact joined in a probate proceeding must be tried by the
   court, and in all such proceedings, the party affirming is plaintiff,
   and the one denying or avoiding is defendant. After the hearing, the
   court shall give in writing the findings of fact and conclusions of
   law, and judgments thereon, as well as for costs, may be entered and
   enforced by execution or otherwise, by the court, as in civil actions.
   If the issues are not sufficiently made up by the written pleadings on
   file, the court, on due notice to the opposite party, must settle and
   frame the issues to be tried, and upon which the court may render
   judgment.