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2018 Georgia Code 53-2-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-2-42 Case Law from Google Scholar Amendments to OCGA 53-2-42

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 2. Descent and Distribution, 53-2-1 through 53-2-51.

ARTICLE 4 DISPENSING WITH ADMINISTRATION

53-2-42. Right of action by creditor.

After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs.

(Code 1981, §53-2-42, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries over former OCGA 53-10-4 with modifications to reflect the changes made in the previous Code sections.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1958, p. 355, § 7 are included in the annotations for this Code section.

Cited in Hayes v. Strickland, 112 Ga. App. 567, 145 S.E.2d 728 (1965).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, §§ 133, 134, 136, 138, 143 et seq.

C.J.S.

- 26B C.J.S., Descent and Distribution, §§ 71, 112 et seq.

ALR.

- Jurisdiction and power of equity to subject legacy, devise, or distributive share in estate to claim of creditor of legatee, devisee, or distributee, 123 A.L.R. 1293.

Cases Citing O.C.G.A. § 53-2-42

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Hart v. Fortson, 263 Ga. 389 (Ga. 1993).

Cited 4 times | Published | Supreme Court of Georgia | Oct 4, 1993 | 435 S.E.2d 45, 93 Fulton County D. Rep. 3547

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Lowe v. Young, 260 Ga. 890 (Ga. 1991).

Published | Supreme Court of Georgia | Feb 7, 1991 | 400 S.E.2d 619

...owledge of the contents of his purported will. The scrivener was a primary beneficiary, and the only testimony of the testator’s requisite knowledge of the will’s contents is the testimony of the scrivener, which they claim is hearsay. (b) OCGA § 53-2-42 provides: Knowledge of the contents by the testator is necessary to the validity of a will....
...sented to it. The fact that this was the scrivener’s testimony does not vitiate the evidence, but merely goes to its credibility, which is a jury issue. (b) In its initial charge, the trial court correctly charged the jury in the language of OCGA § 53-2-42....
...The evidence authorized the finding that the testator possessed the requisite knowledge of the contents of the will. 3. (a) The caveators enumerate as error the trial court’s failure, in its recharge to the jury, to instruct the jury as to a standard of “greater proof,” as specified by OCGA § 53-2-42, above. (b) In Shouse v....