Opinion
32101.
SUBMITTED MARCH 4, 1977.
DECIDED APRIL 6, 1977.
Modification of decree. Tift Superior Court. Before Judge Forehand.
M. Stan Ballew, for appellant.
Perry, Walters, Lippitt Custer, H. H. Perry, Jr., Elsie H. Griner, J. Laddie Boatright, Kelley, Allen Kelley, A. L. Kelley, Jr., Ernest J. Yates, for appellees.
This is the fourth appearance in this court of litigation involving the heirs of Homer Clark Carmichael. See Vowell v. Carmichael, 235 Ga. 387 ( 219 S.E.2d 732) (1975); s. c., 235 Ga. 410 ( 219 S.E.2d 735) (1975); and s. c., 237 Ga. 836 ( 229 S.E.2d 638) (1976).
On the day set for a final hearing for the distribution of the estate, appellant filed a petition alleging that the valuation placed on personal property she received from the estate was improper. The appellant prayed that the court increase the contingent fund by an amount it deemed sufficient to entertain her claim. The trial court found that the valuation was set forth in the judgment of July 23, 1976, and affirmed by this court in 237 Ga. 836, supra. The trial court then found that all issues raised by appellant's petition were res judicata and dismissed the petition.
After the appeal was filed in this court, an uncontradicted affidavit of the commissioner was filed as an exhibit to the appellees' motion to dismiss showing that all the funds of the estate have been distributed by order of court prior to appeal and there are no funds available to increase the contingency fund. The sole issue raised by appellant's petition is moot.
Appeal dismissed. Undercofler, P. J., Jordan, Ingram, Hall and Hill, JJ., concur.