Anderson v. Caldwell

2 Citing cases

  1. Helmly v. Savannah Bank Trust Company of Savannah

    186 S.E.2d 883 (Ga. 1972)   Cited 3 times

    It is well settled that a widow is entitled to a full disclosure of her rights and the condition of the estate before any agreement or election on her part as to the division of the estate is binding. Compare Anderson v. Caldwell, 66 Ga. App. 703 ( 19 S.E.2d 202); Giles v. Giles, 135 Ga. 683 ( 70 S.E. 335). "While it must affirmatively appear that the widow elected to take a child's part within the time prescribed by law, it is not necessary that her election be evidenced by a writing, duly signed, filed, and recorded in the office of the ordinary.

  2. McKemie v. McKemie

    76 Ga. App. 212 (Ga. Ct. App. 1947)   Cited 7 times

    On such issue between the widow and the administratrix of such estate, unless the widow introduces evidence showing her right to such property, the administratrix should prevail, but if, as here, the widow introduces in evidence the return of the appraisers setting aside such property, nothing else appearing, the widow, having made out a prima facie case, would be entitled to recover. If thereupon the caveatrix introduces evidence which satisfies the minds of the jurors by a preponderance of the evidence that the caveatrix has sustained her objections stated in the caveat, then it would be the duty of the jury to set aside such return as made by the appraisers. Anderson v. Caldwell, 66 Ga. App. 703 (3) ( 19 S.E.2d, 202); Cheney v. Cheney, 73 Ga. 66. If the caveat filed by Kittie McKemie be an adverse claim, by her individually as a creditor or distributee, to the property, or some of the property set apart as a year's support to the widow by the return of the appraisers appointed for such purpose, then, on this issue, the burden of proof is on Kittie McKemie to sustain her adverse claim.