Whitt v. Ketchum
Supreme Court of Georgia
Year’s suppoi’t. Minors. Partition. Before Judge Milner. Whitfield superior court. April term, 1889. In 1884, James Ketchum died, leaving a widow and seven minor children; also an estate of realty and personalty, which, on application by the widow, was duly set apart by the ordinary as a year’s support for her and the children.
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Year’s suppoi’t. Minors. Partition. Before Judge Milner. Whitfield superior court. April term, 1889. In 1884, James Ketchum died, leaving a widow and seven minor children; also an estate of realty and personalty, which, on application by the widow, was duly set apart by the ordinary as a year’s support for her and the children. One of these, more than a year subsequently, married Whitt, and on May 81, 1887, made application to the superior court for a partition of the property. This application was resisted by the widow? upon the ground that the property could not be divided until the family…
1Opinion of the Court
Bleckley, Chief Justice.
The support contemplated by section 2571 of the code is that of the widow and minor children for twelve months. But if the allowance'be set apart, not severally to each member, but to the family as a whole, and al of it is not consumed, we think the residue, whether in money or property, stands over to be used afterwards by the widow and such of the children as continue minors, until there is no longer either widow or minor in the *129family. If the allowance be in land, it is not subject to partition, so long as there is either a widow or minor child to be supported. The…
2Cases cited9 opinions
- Farris v. BattleSupreme Court of Georgia · 1887
- Cheney v. CheneySupreme Court of Georgia · 1884
- Cox v. Cody & Co.Supreme Court of Georgia · 1886
- Steed v. CruiseSupreme Court of Georgia · 1883
- Cleghorn v. JohnsonSupreme Court of Georgia · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Miller v. MillerSupreme Court of Georgia · 1898
- Goss v. HarrisSupreme Court of Georgia · 1903
- Walden v. WaldenSupreme Court of Georgia · 1940
- King v. KingSupreme Court of Georgia · 1948
- Miller v. EnnisSupreme Court of Georgia · 1899
11 more not listed; retrieve them via the Exa API.