77 Ga. 232 | Ga. | 1887
Tarpley B. Owens died, leaving a widow and minor child. The widow applied for twelve months’ support out of the estate of Owens for herself and a minor child of the deceased, but not hers. She gave notice of this application to Joiner, the administrator of Owens. The widow died on the day, and before, the ordinary appointed appraisers to set apart the twelve months’ support. The appraisers
Section 2571 of the Code declare s that, “ Among the necessary expenses of administration, and to be preferred before all other debts, is the provision for the support of the family, to be ascertained as follows : Upon the death of any person, testate or intestate, leaving an estate solvent or insolvent, and leaving a widow, or a widow and minor child or children only, it shall be the duty of the ordinary, on the application of the widow, or the guardian of the child or children, or any other person in their behalf, on notice to the representative of the estate (if there is one, and if none, without notice) to appoint five discreet appraisers,” etc.
We think that under this statute, upon the death of the husband, leaving a widow or minor child, this provision for the support of the family, specified in'the Code, vests in such widow and minor child or children, if there be any; and if the widow die before the same has been set apart to her, this right to have the twelve months’ support survives to her administrator, and he, as such administrator,
Judgment affirmed.