27579. | Ga. Ct. App. | Nov 25, 1939
1. The widow and daughter of the decedent, having drawn and consumed for their support during the year immediately succeeding his death the sum of $43 collected as rents from houses on the lands of the deceased husband and father, were not thereby as a matter of law barred from a year's support out of his estate.
2. A child of the decedent, who was a minor at the time of his death, was entitled to support from his estate until she reached her majority.
3. A widow and minor daughter were not barred as a matter of law from a year's support because the application therefor was made nearly two years after the death of the husband and father. Nor was the daughter so barred because she had reached her majority at the time of the application.
The jury were authorized to find from the evidence that at the time of her father's death the daughter lacked about five months of reaching her majority; that it would take from $50 to $60 a month to support the mother in the manner in which the decedent had supported her; that she was sixty years old and in ill health, requiring constant treatment by a physician; that it would take at least $15 a month to support the daughter; that the widow took care of the daughter during her minority; that the deceased, at the time of his death, owned certain realty worth from $3000 to $5000, on which were located the home and another dwelling house; that there were debts owing by the deceased not exceeding the value of his estate; that he was insured by a small policy in favor of his wife, which she collected after his death, less a sum which had been borrowed by him thereon; that the widow used the personal property on the place, but that it belonged to her, and that she had collected, before the application for a year's support, a small sum, $43, as rent on the houses on the real estate of the decedent, and had used same for her own purposes. A motion for new trial was made by caveator and to the judgment overruling his motion he excepted.
1. It does not appear as a matter of law that the widow and minor child had drawn, during the year succeeding the death of the husband and father, from his estate by living thereon, by using the personalty, and by collecting the rents from two houses, an amount sufficient to be in lieu of the year's support afforded them by law, and to which the jury were authorized to find they were entitled under the evidence. There was evidence that this personalty belonged to the widow, that the amount of the rents was $43, and that $60 a month was needed for the widow's support and $15 monthly for the support of the daughter. The amount of the year's support was $477. The evidence did not demand a finding by the jury that the widow had made an agreement to accept a certain sum from the executor due to her by her husband, and for which she held a lien against his estate, in lieu of the *125
year's support. Furthermore, she did not have the right to make such an agreement binding upon the daughter, who was a minor at the death of her father. The daughter, being a minor at the time of the death of her father, was entitled to a year's support from his estate until she reached her majority. Code, § 113-1002;DeJarnette v. DeJarnette,
2. The widow and minor daughter were not barred from their right to a year's support because the application therefor was made nearly two years after the death of the husband and father. Upon the latter's death the right to a year's support vested. SeeBrown v. Joiner,
The verdict was authorized by the evidence and no error appears. The court did not err in overruling caveator's motion for new trial.
Judgment affirmed. Sutton and Felton, JJ., concur.