Donaldson v. Anderson
Supreme Court of Georgia
Complaint for land. Before Judge Lumpkin. Fulton superior court. September term, 1897. Donaldson died intestate, leaving a widow and minor children to whom the court of ordinary, upon the application of the widow, set apart from the estate of the intestate a year’s support consisting of $800 in money, and household furniture worth probably $200, all of which the widow and the minor children received and used. There were no adult children.
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Complaint for land. Before Judge Lumpkin. Fulton superior court. September term, 1897. Donaldson died intestate, leaving a widow and minor children to whom the court of ordinary, upon the application of the widow, set apart from the estate of the intestate a year’s support consisting of $800 in money, and household furniture worth probably $200, all of which the widow and the minor children received and used. There were no adult children. Subsequently the administrator of Donaldson brought suit against the widow for the recovery of certain land in her possession, which belonged to the…
1Opinion of the CourtLewis, J.
The judgment of the trial judge complained of was doubtless based upon the decisions of this court in the cases of Roff, Sims & Co. v. Johnson, 40 Ga. 555, and Robson v. Lindrum, 47 Ga. 250. On page 558 of the volume first cited, McCay, J., in delivering the opinion, says: “But we are of opinion that the family of a deceased parent takes the ‘ homestead’ subject to the other provision made for their support. These several acts are to be construed together. Their com-*675moil purpose is to provide for the family of a debtor whose estate is about to be swept away for the payment of his debts; and…
2Cases cited2 opinions
- Roff, Sims & Co. v. JohnsonSupreme Court of Georgia · 1869
- Robson v. LindrumSupreme Court of Georgia · 1872
3Cited by2 opinions
- Green v. HambrickSupreme Court of Georgia · 1903
- Cook v. CookSupreme Court of Georgia · 1912