188 Ga. 789 | Ga. | 1939
The Farmers Bank of Tifton brought suit against Mrs. T. V. Williams, her two minor children, Thomas Frank Williams and Caroline Williams, and others not necessary to mention here, in which it sought to have a deed to certain described
The application for year’s support was made out on a printed form provided for that purpose, and as filed was as follows (the italicized words being those inserted) : “The petition of Mrs. T.
The plaintiff cites Anderson v. Walker, 114 Ga. 505, 507 (40 S. E. 705), and Williams v. Rosette, 177 Ga. 528 (170 S. E. 373), as authority for the position that under the proceedings as above set out the minor children took no title to or interest in the property set apart as a year’s support. In the Anderson case it was ruled that “One who is not mentioned in an application for a year’s support, either by name or description [italics supplied],
Counsel for the plaintiff stresses the fact that the blank space in the printed form of application for year’s support, immediately before the words “minor children” wherever they appeared therein, which was apparently provided for the insertion of the number of children, was not filled in by Mrs. Williams. We attach no com
One other point needs to be noted; that is, the failure of the return of the appraisers to refer to the minor children. There was no attempt by the appraisers to expressly exclude the minor children from any interest in the property set apart, as was the case in DeJarnette v. DeJarnette, 176 Ga. 204 (167 S. E. 526). In Allen v. Lindsey, 113 Ga. 521 (38 S. E. 975), it was held: "When a widow applies for a year’s support for the benefit of herself and her minor children, and appraisers designate certain property as that which they set apart for such year’s support, the mere fact that the report itself purports to allow the property to the widow, without referring to the children, does not render the proceeding void or exclude the children from participation in the benefits of the year’s support. On the contrary, the report should be con
Judgment affirmed.