57 Ga. App. 514 | Ga. Ct. App. | 1938
Louise M. Harrell filed a petition in the court of ordinary in which she alleged that she was the widow of John J. Harrell, and prayed that a twelve-months’ support be set apart to her from the estate of the husband, either in money or t'such property as she might select, and that a sufficient amount of household furniture also be set apart to her. The appraisers appointed by the ordinary set apart, as being necessary for the support .of the widow, a bank deposit account in the sum of $1877.48, and also certain furniture. After the return of the appraisers was filed, R. E. Burch Jr. and C. C. Burch, as executors of the estate of John J. Harrell, filed a caveat objecting to the return of the appraisers on the grounds (1) that the amount of property set aside was excessive, unreasonable, and arbitrary; (2) that John J. Harrell died testate leaving a will and codicil which had been duly probated in solemn form, a copy being attached; (3) that Mrs. Harrell had elected to take under the will, under the terms of which it was clearly the intention of the testator that his wife should not have a year’s support out of his estate if she accepted the bequests and devises granted under the will. The will attached to the caveat bequeathed certain property to an adopted
Under the general grounds and the first special ground of the motion for new trial, the plaintiffs in error contend that the
The charge of the court complained of in the second special ground of the motion for new trial does not show error. It appears that evidence was introduced by the applicant of her expenses during the year after her husband’s death, including an
The third special ground claims that the court erred in holding that the burden of proof was on the applicant for a year’s support, entitling her to the opening and conclusion. This is not an open question. The decision of the judge was correct since the objections in this case were being prosecuted by the executors of the estate. Cheney v. Cheney, supra. See also Hill v. Hill, 55 Ga. App. 500, 504 (190 S. E. 411). In the motion for new trial there is no ground that the verdict was excessive. The amount set apart by the assessors has been approved by the jury and by the judge. There was no error in overruling the motion for new trial.
Judgment affirmed.