289 Ga. 233
Ga.2011Background
- Aline Cabrel is surviving spouse of Lucien Cabrel; Lum and Griffin are her adult daughters; two sons quit-claimed interests.
- 1964 year’s support awarded jointly to Cabrel, her minor children, and mother; resulted in undivided interests in property in Henry and Spalding counties.
- In 2000 daughters petitioned to partition the real property, claiming interest from the 1964 year’s support and seeking accounting and past income.
- 2004 partition judgment awarded daughters 189 acres and Cabrel 487 acres; issue of income from 1964–1997 remained pending.
- 2009 trial court granted partial summary judgment to daughters on income; 2010 summary judgment denied daughters’ damages and allowed Cabrel relief; noted laches/waiver issues.
- Cabrel appealed the partition judgment; daughters cross-appealed on damages, accounting, and pre-judgment interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the 2004 partition judgment validly entered? | Cabrel lacked jurisdiction to partition during lifetime. | Spalding County court had jurisdiction under OCGA 44-6-160; notice sufficed for partition. | Affirmed; court had jurisdiction; set-aside denied. |
| Are the daughters entitled to damages or an accounting for income 1964–1997? | Daughters, as co-tenants, entitled to accounting of income from year's-support property. | Adult children have no right to rents; income belongs to surviving spouse and remaining minors; no damages. | No damages or accounting awarded; income not recoverable by daughters. |
Key Cases Cited
- Walden v. Walden, 191 Ga. 182 (1940) (year's support property remains for survivor and minors; undivided interests; rent held by others)
- Tribble v. Knight, 238 Ga. 84 (1976) (introduction of year's support framework and heirs' interests)
- Claxton v. Claxton, 214 Ga. 715 (1959) (surviving spouse's conveyance binds children if probate approval)
- Turman v. Mabry, 221 Ga. 153 (1965) (1937 act limited surviving spouse's power to convey year's support property)
- Shields v. Gish, 280 Ga. 556 (2006) (partitioning petition procedures and personal jurisdiction for notice)
- Whitt v. Ketchem, 84 Ga. 128 (1889) (form of year's support award; property for family use)
- Goss v. Harris, 117 Ga. 345 (1903) (early interpretation of year's support and vested interests)
- Hook v. Bergen, 286 Ga.App. 258 (2007) (appellate abandonment and finality standards for judgments)