84 Ga. 128 | Ga. | 1889
The support contemplated by section 2571 of the code is that of the widow and minor children for twelve months. But if the allowance'be set apart, not severally to each member, but to the family as a whole, and al of it is not consumed, we think the residue, whether in money or property, stands over to be used afterwards by the widow and such of the children as continue minors, until there is no longer either widow or minor in the
This view of the law is, we think, not only consistent with the scheme of the statute, but is harmonious with the cases heretofore decided by this court on the general subject, some of which are : Tabb v. Collier, 68 Ga. 641; Cleghorn v. Johnson, 69 Ga. 369; Steed v. Cruise, 70 Ga. 168; Woodbridge v. Woodbridge, 70 Ga. 733; Cheney v. Cheney, 73 Ga. 66 ; Stewart v. Stewart, 74 Ga. 355; Cox v. Cody & Co., 75 Ga. 175; Farris v. Battle, 80 Ga. 187; Broion v. Joiner, 80 Ga. 486.
It follows that there was no error in dismissing the proceeding for partition in the present case.
Judgment affirmed.