49 Ga. App. 324 | Ga. Ct. App. | 1934
W. B. McCants .died on July 9, 1932, leaving a will, a widow and four children. On December 30, 1932, the widow, Mrs. Henrietta Bell McCants, applied for a year’s support from her husband’s estate in the court of ordinary; and on that date the ordinary appointed appraisers to assign the same, the appraisers set apart the sum of $2000, consisting of a home in the city of Winder and a farm in the county of Barrow, and citation issued thereon, At the February term, 1933, of the court of ordi
The widow demurred to the caveat upon the general ground, among others, that “it appears upon the face of said objections that the estate of W. B. McCants is not debtor to the Winder National Bank, and that said bank has no interest in the distribution of said estate.” The ordinary passed an order dismissing the caveat and upholding the appraisal, and the caveator appealed to the superior court, where he amended, setting up expressly what had already been alleged impliedly, that the two transferees were insolvent and had failed to meet the assessments against the stock they acquired from said persons who were children of said decedent. It was nowhere alleged when or how the children of the decedent acquired the stock. The judge of the superior court passed an order, after a hearing, sustaining the grounds of general demurrer, dismissing the caveat, and making the return of the appraisers, setting apart the said year’s support, the judgment of the
We find the law to be in accord with the ruling of the lower court. A year’s support is one of the “necessary expenses of administration” (§ 4041) and is “an incumbrance higher than any debt.” Barron v. Burney, 38 Ga. 264; Dougherty-Little-Redwine Co. v. Hatcher, 169 Ga. 858 (151 S. E. 796). Such right is absolute (Miller v. Miller, 105 Ga. 305, 31 S. E. 186), and vests in the widow and minor children immediately “upon the death” of the husband. Brown v. Joiner, 77 Ga. 232 (3 S. E. 157); Swain v. Stewart, 98 Ga. 366 (25 S. E. 831); Anders v. First National Bank of Barnesville, 165 Ga. 682 (143 S. E. 98). The Civil Code (1910), § 4043, prescribing the procedure to obtain a year’s support, provides that the ordinary shall issue citation “to all concerned,” in order that they may file objections to the return of the appraisers. Ordinarily, without taking into consideration the subject-matter in connection with which the words are used, “to all concerned” would cover all persons remotely interested therein. However, a year’s support is a favorite of the law (Horn v. Truett, 114 Ga. 995, 41 S. E. 498), and it is the policy of the law to provide an immediate and effectual means of support of the widow and children for such time, “and the courts should in all proper ways forward and carry out this policy.” Rakestraw v. Rakestraw, 70 Ga. 806; Cheney v. Cheney, 73 Ga. 66. “The provision for a year’s support out of the estate of a decedent' is an anomaly dictated solely by a very humanitarian public policy, and in its administration this public policy should not be overlooked or disregarded in atvy instance.” (Italics ours.) Grant v. Sosebee, 169 Ga. 658 (151 S. E. 336). Its provisions are highly beneficial. The courts, in passing upon cases involving the rights of the beneficiaries under such statutes, should keep in mind the beneficial and benevolent purposes of the law and should jealously protect rights accruing thereunder. The ends to be obtained under the act are not to be encumbered with technicalities; and provisions contained therein which, if liberally construed, might seriously impede the purposes of the act should be strictly construed. See, in this connection, Rhames v. Stokes, 28 Ga. App. 598 (112 S. E. 380); Whatley v. Watters, 136 Ga. 701 (71 S. E. 1103); Blassingame v. Rose, 34 Ga. 418. Our Supreme Court, guided by these considerations, held, in
Judgment affirmed.