Legal Opinion

Edenfield v. Edenfield

Supreme Court of Georgia

Decided November 19, 1908PublishedCited by 4 opinions

Tear’s support. Before Judge Rawlings. Emanuel superior court. October term, 1907. Mrs. Tberessa Edenfield filed'her application for a year’s support, as the widow of John Edenfield Sr., deceased, alleging that there were no minor children. A caveat was filed by the executor of the decedent, on the following grounds: (1) That the applicant had been fully provided for, and had a sufficiency of property to cover this application.

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Tear’s support. Before Judge Rawlings. Emanuel superior court. October term, 1907. Mrs. Tberessa Edenfield filed'her application for a year’s support, as the widow of John Edenfield Sr., deceased, alleging that there were no minor children. A caveat was filed by the executor of the decedent, on the following grounds: (1) That the applicant had been fully provided for, and had a sufficiency of property to cover this application. (2) That the original year’s support set aside was sufficient for the support of the widow for succeeding years, especially for the second. (3) That the applicant was…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

Only one ground of the caveat was stressed before this court, — that this was not an estate “to be kept together for a longer time than twelve months,” within the meaning of the law, although it was in fact kept together for a longer time, without fault on the part of the widow or any act on her part causing that result; and that therefore she was not entitled to a second year’s support under the provisions of section 3466 of the Civil Code. Section 3465 provides for the setting apart of a year’s support. Section 3466' declares : “When an estate is to be…

2Cases cited3 opinions

  1. Woodbridge v. WoodbridgeSupreme Court of Georgia · 1883
  2. Hill & Co. v. LewisSupreme Court of Georgia · 1893
  3. Smith v. FosterSupreme Court of Georgia · 1904

3Cited by4 opinions

  1. Hill v. HillCourt of Appeals of Georgia · 1927
  2. Crummey v. CrummeyCourt of Appeals of Georgia · 1938
  3. Kennedy v. PaulkSupreme Court of Georgia · 1909
  4. Kittles v. KittlesCourt of Appeals of Georgia · 1987

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