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SAMPLES v. SAMPLES

40085.

107 Ga. App. 788 (1963)

131 S.E.2d 584

SAMPLES, Executor v. SAMPLES.

Court of Appeals of Georgia.

Decided May 16, 1963.

Attorney(s) appearing for the Case

John H. Hudson, Pauline E. Cousins, for plaintiff in error.

Charles H. Bruce, contra.

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 S.E.2d 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...

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