Wells v. Wilder
Supreme Court of Georgia
Twelve months’ allowance to widow and children. Tried before Judge Speer. Pike Superior Court, April Term, 1867. This case stood for trial in said Court, on appeal from the Court of Ordinary. It was an application for “ the twelve months’ allowance for the support of widows and children.” It was caveated by plaintiff in error. The testimony was as follows : Mary C. Wilder (the widow applying,) said: James Wilder left six children, four of them minors, three living with me.
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Twelve months’ allowance to widow and children. Tried before Judge Speer. Pike Superior Court, April Term, 1867. This case stood for trial in said Court, on appeal from the Court of Ordinary. It was an application for “ the twelve months’ allowance for the support of widows and children.” It was caveated by plaintiff in error. The testimony was as follows : Mary C. Wilder (the widow applying,) said: James Wilder left six children, four of them minors, three living with me. He had nineteen slaves, four hundred and five acres of land, and considerable personal property. He died January, 1865.…
1Opinion of the CourtHarris, J.
As some of the material facts in the record are very indistinct, we send this case back, that it may be submitted to a jury under a charge of the Circuit Judge, to this effect: That the laws of Georgia allow a widow one year’s support for herself and children out of the estate of her deceased husband; that the laws do not contemplate that she shall live at the homestead and consume the provisions belonging to the estate and have a year’s support in addition to what she may thus have consumed, allowed to her; that in all applications for a year’s support to be assigned her, she must be held…
2Cited by10 opinions
- Fulghum v. FulghumSupreme Court of Georgia · 1900
- Walraven v. WalravenCourt of Appeals of Georgia · 1948
- Federal Land Bank of Columbia v. HensonSupreme Court of Georgia · 1928
- Hill v. HillCourt of Appeals of Georgia · 1937
- Johnson v. City of BlackshearSupreme Court of Georgia · 1943
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