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O.C.G.A. § 53-3-15 — Conveyance, contract, or lien made by surviving spouse or guardian | Georgia Code
O.C.G.A. § 53-3-15 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 3. Year's Support, 53-3-1 through 53-3-20.

ARTICLE 5 ESCHEAT

53-3-15. Conveyance, contract, or lien made by surviving spouse or guardian.

A conveyance, contract, or lien made or created by the surviving spouse or by the guardian of the minor child or children shall be superior to the title and interest of the surviving spouse or minor child or children under year's support subsequently applied for and set apart.

(Code 1981, §53-3-15, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-5-16.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 861, § 5, are included in the annotations for this Code section.

Cited in Whitfield v. Maddox, 189 Ga. 870, 8 S.E.2d 57 (1940); Parks v. Fort Oglethorpe State Bank, 225 Ga. 54, 166 S.E.2d 27 (1969); Pierce v. Moore, 244 Ga. 739, 261 S.E.2d 647 (1979).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 690, 691.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 454, 482, 473.

ALR.

- Statutory family allowance to minor children as affected by previous agreement or judgment for their support, 6 A.L.R.3d 1387.

Family allowance from decedent's estate as exempt from attachment, garnishment, execution, and foreclosure, 27 A.L.R.3d 863.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.