Liberty National Bank & Trust Co. v. Diamond

Nichols, Justice.

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 "heirs at law” sought to set aside conveyances to others made by their ancestor and it was held that pending probate of a will devising the same land to…