Segars v. Brooks

Jordan, Chief Justice.

The first issue presented for decision is whether a claim for equitable division of property pending in divorce proceedings survived the death of the claimant-spouse during the pendency of the proceedings and prior to entry of a decree of divorce. We answer this question in the negative.

The second issue is whether an equitable claim to the property based on a resulting trust theory survived the death of the wife. We answer this question in the affirmative.

Amelia Bell Brooks died during the pendency of the divorce proceedings she had commenced against Eugene Talmadge…