Stewart v. Bourn

Mikell, Judge.

John Daniel Stewart appeals the trial court’s denial of his summary judgment motion in the declaratory action he filed to determine the appropriate distribution of settlement proceeds from a wrongful death case. The issue presented is one of first impression in this state: when a decedent is survived only by siblings and the children of deceased siblings, are the surviving siblings the only “next of kin” under OCGA § 51-4-5 (a), or should the settlement proceeds be dis tributed in accordance with, the statute of descent and distribution. For the reasons stated below, we hold…