Smith v. Pitchford

Jenkins, Justice.-

1. “If the widow . . be entitled to a year’s support . . there is no cause, legal or equitable, for delaying the enjoyment of [this right]; and if [it] can not be asserted against the . . executor, he can defend himself at law upon his title as executor, and has no need for an injunction.” Burks v. Beall, 77 Ga. 271 (3), 281 (3 S. E. 155). This general rule, which ordinarily precludes equitable interference with the long-favored right of year’s support, as held in that oldest unanimous decision, although it arose on an application for injunction by the personal…