Samples v. Samples

Nichols, Presiding Judge.

1. The defendant in error has filed a motion in this court seeking to have the case transferred to the Supreme Court as being a case “involving the validity of and the construction of a will.” Under the decision of the Supreme Court in Saxon v. Aycock, 199 Ga. 232 (33 SE2d 697), such motion is without merit, and the caveat, if alleging an equitable defense, does not seek any affirmative equitable relief and merely seeks a general verdict. See Equitable Life Assurance Society v. Bischoff, 179 Ga. 255 (175 SE 560).

2. The caveat as amended sought to show that the…