NICHOLS, Justice.
1. The first defense contends that, since an appeal is pending in the superior court from a judgment denying the plaintiff's caveat to the will of Bernard F. Diamond, the present action cannot be maintained while such probate proceeding is pending.
In support of this contention the defendant administrators cite cases exemplified by Turner v. Holbrook, 145 Ga. 603 (89 SE 700); and Murray v. McGuire, 129 Ga. 269 (58 SE 841) wherein...
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