Gale v. Stewart

2 Citing cases

  1. In the Estate of Wallace

    645 S.E.2d 19 (Ga. Ct. App. 2007)   Cited 2 times

    Accordingly, based on the language in the ordinary's order, the trial court correctly ruled that the assets of the trucking company were awarded to Alice alone. Gale v. Stewart, 105 Ga. App. 767, 768 ( 125 SE2d 694) (1962). 3. The grandchildren also contend that the final return filed by Alice, which characterized the award as "for the support of herself and minor children," was an admission in judicio preventing Barbara from seeking further clarification in the declaratory judgment action.

  2. Collins v. Collins

    139 S.E.2d 459 (Ga. Ct. App. 1964)   Cited 3 times

    This is the language of the petition, thus excluding the minor child George N. Collins. While the caveat prays for an award for George N. Collins, this is not a proper method of applying for a year's support pursuant to the provisions of Code Ann. ยง 113-1002. The Georgia law permits separate portions of the estate to be set aside as year's support to the widow and to children of the deceased, Gale v. Stewart, 105 Ga. App. 767 ( 125 S.E.2d 694), and having been excluded from the widow's application, George N. Collins' application necessarily would have had to be an independent proceeding and not by way of his caveat interposed in the proceeding initiated by her solely in her own behalf. Thus there is extant in the instant case no application for year's support on behalf of the minor child.