53 Ga. App. 553 | Ga. Ct. App. | 1936
Mrs. Finnie Slagle applied to' the court of ordinary of Gordon County for a year’s-support allowance for herself and one minor child out of the estate of H. C. Slagle, her deceased husband, asking that there be set apart for their support and maintenance from such estate, “either in money or such property as may be selected by . . petitioner, at a fair valuation to be made by” the appraisers, the sum necessary in their judgment therefor, and in addition thereto a sufficient amount of the household furniture for the use of the widow and child. In the order appointing the appraisers it was provided that they could set apart the sum necessary “either in money or such property as the said widow may select, at a fair valuation to be made by” them. The appraisers made their report providing that they had “assessed and set apart as being necessary for the support of said widow and child the sum of five hundred dollars, which the said widow has selected to take as followstwo described mules' which were sub
The judge did not err in disallowing the proffered amendment in which the caveators tendered to the widow $500 cash in settlement of her claim for a year’s support, in addition to the
The verdict was not contrary to law or to the evidence; nor was it erroneous for the reason that the amount allowed as a year’s support was excessive and disproportionate, the property being insufficiently valued, and the equity in the home place of the husband being worth more than the $500 at which it was valued. Where there is evidence on which to base the verdict, this is essentially a question for the jury, and the burden is on the caveators to sustain their contention as to the disproportionate amount at which the property set apart was valued. Mays v. Mays, 25 Ga. App. 515 (103 S. E. 805) ; Jones v. Cooner, 142 Ga. 127 (82 S. E. 445); Young v. Anderson, 19 Ga. App. 551 (91 S. E. 900). The jury trial in the superior court on appeal was a de novo investiga tion, and the jury could make such allowance for a j^ear’s support as the evidence in their judgment warranted. .The judge charged the jury to this effect, that they could find in favor of the award of the appraisers, or they could modify the award and allow the widow and child a fair and just allowance for a year’s support. Under the circumstances, this court will not disturb the verdict. It appears from the verdict that the allowance made by the appraisers was modified by the jury. In the original report ,of the appraisers there was allotted to the applicant considerable property in addition to the equity of redemption of the deceased husband in his home place, the total being valued at $500, while the jury placed a value of $500 on the equity in the home place, and then did not allow all of the other property of the estate, but only two mules and the farm implements. It follows that the judge properly overruled the motion for new trial.
Judgment affirmed.