Johnson v. Johnson

Andrews, Judge.

Dale Johnson, Jr., brings this appeal from the denial of his caveat to the application for a year’s support filed by Dale Johnson, Sr., as the surviving spouse of the caveator’s mother, Helen Johnson.

1. In his first enumeration of error Johnson, Jr., who was over 18 years of age when Helen Johnson died, claims the Cobb County Pro bate Court erred by awarding Johnson, Sr., a year’s support interest in real property which was titled in Johnson, Jr.’s name at the time of the decedent’s death.

Under OCGA § 53-5-2, a year’s support can only be set aside from property interests which…