Maddox v. Patterson
Supreme Court of Georgia
Tear’s support. Minors. Divorce. Parent and child. Before Judge Brown. Cherokee superior court. September term, 1887. Patterson, as next friend of Nell.
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Tear’s support. Minors. Divorce. Parent and child. Before Judge Brown. Cherokee superior court. September term, 1887. Patterson, as next friend of Nell. Strother, 'applied for a year’s support for her out of the estate of her father, late of Cherokee county, deceased, and alleged that she was twelve years old and the'only child of the intestate ; and that the intestate’s wife, mother of the minor, was still living, but had been totally divorced from her husband during his lifetime. The application was caveated by the administrator because the minor was not a resident of Georgia, and was not…
1Opinion of the Court
Bleckley, Chief Justice.
In Farris vs. Battle, last term, (80 Ga. 187,) the court held that the family, of an intestate who died domiciled in Georgia, were entitled'to a year’s support out of his estate, to the exclusion of creditors, although they were not themselves residents of the State and never had been. The family in that case consisted of a widow and minor children. In the present case, the application is by a minor child, and the only point, or at least the material point of distinction is, that the parents had been divorced before the death of the husband-and father. He died in this…
2Cases cited1 opinion
- Farris v. BattleSupreme Court of Georgia · 1887
3Cited by10 opinions
- Yarborough v. YarboroughSupreme Court of the United States · 1933
- Brown v. BrownSupreme Court of Georgia · 1909
- Jones v. CoonerSupreme Court of Georgia · 1914
- Mell v. MellSupreme Court of Georgia · 1940
- Dolvin v. DolvinSupreme Court of Georgia · 1981
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