Wolters v. Kennedy

Benham, Judge.

Appellant, a widower, applied to the probate court for a second year’s support. OCGA § 53-5-4. The application was denied and an appeal taken to the superior court, where summary judgment was granted appellee, the executrix of the decedent’s estate. Appellant brings this appeal from the grant of summary judgment to appellee.

At the time appellant filed the application at issue here, OCGA § 53-5-4 provided: “When an estate is to be kept together for more than 12 months and there are no debts to pay, the surviving spouse and minor children to be supported out of the estate shall…