Opinion
30825.
DECIDED APRIL 3, 1945.
Appeal; from Walker superior court — Judge Porter. January 12, 1945.
Julius Rink, S.W. Fariss, for plaintiffs in error.
G. W. Langford, contra.
Upon the trial of a caveat, filed by heirs at law of the deceased, to a year's support set apart to the widow by a jury in the superior court on an appeal by the widow from the judgment of the ordinary, a verdict setting aside and allowing as a year's support a tract of land worth from $800 to $1500, and personal property of the value of $450. was not excessive or illegal as a matter of law, where it appeared that the estate owed no debts and consisted of the property set apart and another tract of land worth from $1200 to $2500. "The burden of proof on the question of excessiveness was on the caveator." Matthews v. Matthews, 64 Ga. App. 580 ( 13 S.E.2d 843). The testimony of one witness offered by the caveators was that, in his judgment, the farm included in the year's support was worth "not over $1200," and that the farm left in the estate after the setting apart of the year's support was "worth around $2500." Under the ruling in Jackson v. Jackson, 51 Ga. App. 173 (2) ( 179 S.E. 856), the evidence failing to demand a finding in favor of the caveators, the court did not err in refusing a new trial on the general grounds of the motion, and there are no special grounds before us for consideration.
Judgment affirmed. Sutton, P. J., and Felton. J., concur.