Foster v. Case

1. When a will has been probated in common form, and the sole heir at law, by petition to the court of ordinary, has called upon the executor to probate it in solemn form, and has filed a caveat, a suit by the executor against such heir at law to recover property devised in the will may, in a proper case, be enjoined until the issue of devisavitvel non has been determined. Hooks v. Brown, 125 Ga. 122. This, however, is not an arbitrary rule, but a matter resting in the sound discretion of the court, under the facts of the particular case.

2. In this ease there was no abuse of discretion in…