BELL, Chief Judge.
This is an appeal from a judgment which denied a motion for continuance and dismissed the caveat to a will for lack of prosecution. The Supreme Court transferred this case to us saying that the issue here, the denial of the motion for continuance, does not involve "the construction of wills" and falls within our jurisdiction. Held:
When this case was called for trial, the caveator was not present in court and counsel for the caveator...
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