Sibley v. Board of Missions of Cumberland Presbyterian Church

Clarke, Justice.

The issue in this appeal is whether our rule established in Allan v. Allan, 236 Ga. 199 (223 SE2d 445) (1976), should be applied retrospectively. In Allan v. Allan we held that “... the statutory year’s support scheme which allows a final judgment to be obtained by a widow awarding her the decedent’s property in an unrepresented estate upon notice only by publication to persons who have a legally protected interest in the property is constitutionally impermissible.” Id. at 206. Finding that due process considerations require actual notice of year’s support proceedings to all…