Nuckolls v. Merritt

Head, Presiding Justice.

“It is true as a matter of law that a

year’s support for a widow can be set apart to her only from the estate of her deceased husband; and if property included therein does not as a matter of fact constitute a part of his estate, the judgment of the court of ordinary simply will not attach to such property, but will be void as applied thereto.” Johnson v. City of Blackshear, 196 Ga. 652, 659 (27 S. E. 2d 316), and cases cited; Harris v. Mandeville, 195 Ga. 251 (6) (24 S. E. 2d 23); Kenner v. Kenner, 214 Ga. 381 (2) (104 S. E. 2d 896).

Under Item 11 of the will of…