Martin v. Gaissert
Supreme Court of Georgia
Application for year’s support. Before Judge J. B. Park. Morgan superior court. March 8, 1912. Zach Martin died in 1907, leaving 'a will and naming J. H. Gaissert as executor, who qualified as such. The testator left his wife, the plaintiff in error here, and their son, Steven B. Martin, as his only heirs at law and legatees under his will.
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Application for year’s support. Before Judge J. B. Park. Morgan superior court. March 8, 1912. Zach Martin died in 1907, leaving 'a will and naming J. H. Gaissert as executor, who qualified as such. The testator left his wife, the plaintiff in error here, and their son, Steven B. Martin, as his only heirs at law and legatees under his will. After the probate of the will in solemn form, the widow made application for a year’s support, and she was awarded the sum of $2,300, which was paid by the executor. The executor removed the administration of the estate from Fulton county, where the…
1Opinion of the CourtHill, J.
The right to a second year’s support allowed to a widow out of the estate of her deceased husband is a statutory right, and can be obtained only by conforming to the condition' of the statute. The Civil Code, § 4041, provides for the setting apart of a year’s support to a widow, or to a widow and minor child or children, or to a minor child or children only, and is ranked among the expenses of administration, to be preferred before all debts other than the exceptions made in sections 4048 to 4050, inclusive. By section^ 4043 a second year’s support may be had by the widow, provided she comes…
2Cases cited2 opinions
- Woodbridge v. WoodbridgeSupreme Court of Georgia · 1883
- Hill & Co. v. LewisSupreme Court of Georgia · 1893
3Cited by8 opinions
- Woodall v. First National BankCourt of Appeals of Georgia · 1968
- Rooke v. DayCourt of Appeals of Georgia · 1932
- Baker v. Citizens & Southern National BankCourt of Appeals of Georgia · 1978
- Crummey v. CrummeyCourt of Appeals of Georgia · 1938
- Griffin v. Securities Investment Co.Court of Appeals of Georgia · 1936
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