DOOLING, J.
This appeal involves the same claim of fraudulent conduct by the Crocker First National Bank discussed in Spencer v. Crocker First Nat. Bank, 86 Cal.App.2d 397 [194 P.2d 775] to which reference is made for a statement of appellants' theory. In that case the first division of this court held that since the respondent bank was executor of the will of Meta S. Healy, deceased, and the probate proceedings in her estate were still pending the probate...
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