Legal Opinion

Combs v. Spurling

Court of Appeals of Georgia

Decided April 19, 1951No. 33449Published

1Opinion of the CourtGardner, J.

Where it appears that a husband and wife are *855together and there is no legal separation at the time of her death, the right to the possession of the household effects is in the husband. See Shaner Motor Company v. Williams, 36 Ga. App. 766 (138 S. E. 274). Where there are no children, the issue of a marriage, and there is no will, the husband is the sole heir of his wife. In these circumstances, the household furnishings in the marital domicile at the time of and subsequent to the wife’s death are presumably the property of the surviving husband, even though the same were purchased by the wife…

2Cases cited6 opinions

  1. Broome v. DavisSupreme Court of Georgia · 1891
  2. Evans v. LipscombSupreme Court of Georgia · 1860
  3. Anderson v. BakerSupreme Court of Georgia · 1846
  4. Upchurch v. UpchurchCourt of Appeals of Georgia · 1947
  5. Shaner Motor Co. v. WilliamsCourt of Appeals of Georgia · 1927

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