Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1972, p. 731, § 1, and former O.C.G.A. § 53-5-14 are included in the annotations for this Code section.

Property of a decedent may be sold free from a year's support only under the provisions of this statute by a sale or conveyance made under court order or under power contained in a will by the representative prior to the setting apart of such year's support. Knowles v. Knowles, 125 Ga. App. 642, 188 S.E.2d 800 (1972) (decided under Ga. L. 1972, p. 731, § 1).

Widow's application for year's support is not barred by executor's deed of assent as to the property conveyed therein by operation of this statute. Anderson v. Groover, 242 Ga. 50, 247 S.E.2d 851 (1978) (decided under Ga. L. 1972, p. 731, § 1).

An executor's assent to devise does not come within the meaning of this statute, which was intended to offer protection to third-party purchasers of property in an estate against claims for year's support, and was not intended to exempt devises and legacies from year's support. Anderson v. Groover, 242 Ga. 50, 247 S.E.2d 851 (1978) (decided under Ga. L. 1972, p. 731, § 1).

Widow of the decedent was entitled to a year's support since the estate still contained over $45,000.00 and no action had been taken by the executor to obtain the court's permission to distribute those funds to the minor child of the decedent; the executor's attempt to designate the funds for the minor by purchasing a cashier's check after the application was filed by the widow was of no avail. Evans v. Evans, 236 Ga. App. 896, 514 S.E.2d 74 (1999) (decided under former O.C.G.A. § 53-5-14).

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 324, 326, 327.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 453, 456, 459, 465.