Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1002, Ga. L. 1958, p. 378, § 1, and former O.C.G.A. § 53-5-2 are included in the annotations for this Code section.

Annulment of subsequent remarriage.

- When wife died in 1982, husband remarried in 1984, husband petitioned for a year's support from estate of deceased former wife's estate, and then husband obtained decree of annulment of second marriage, the trial court erred in excluding from evidence the marriage certificate and the proffered testimony concerning the nature of the actual relationship between petitioner for a year's support and the second woman, since given the financial benefits which petitioner and the woman stood to achieve after the caveat was filed by having their marriage annulled, a manifest injustice could result if caveators were not permitted to go behind the annulment decree in an attempt to prove that the couple had in fact cohabitated as man and wife both before and after the entry of the annulment decree. Hamrick v. Bonner, 182 Ga. App. 76, 354 S.E.2d 687 (1987) (decided under former O.C.G.A. § 53-5-2).

Married daughter not entitled to year's support.

- Minor daughter, married at the time of her father's death, and not a member of his household, but living with and supported by her husband, is not entitled to a year's support out of her deceased parent's estate. Having no right to any benefit obtained by the mother, plaintiff was not represented by her or bound by her acts. Therefore, while the other children of the decedent father were so bound, she was not estopped or precluded from attacking the validity of the proceedings. Jones v. Federal Land Bank, 189 Ga. 419, 6 S.E.2d 52 (1939) (decided under former Code 1933, § 113-1002).

Repudiating judgments.

- When a widow applied for and was awarded a year's support for herself and her son from the probate court, she could not afterwards repudiate judgments which she secured for their own benefit. Sheffield v. Estate of Sheffield, 172 Ga. App. 469, 323 S.E.2d 679 (1984) (decided under former O.C.G.A. § 53-5-2).

Cited in Collins v. Collins, 224 Ga. 671, 164 S.E.2d 139 (1968).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1958, p. 378, § 1 are included in the annotations for this Code section.

Minor's right to year's support barred.

- A "year's support" is barred by a minor's attaining the age of 18 years prior to the filing of the application for a "year's support." 1975 Op. Att'y Gen. No. U75-95 (decided under Ga. L. 1958, p. 378, § 1).

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, § 686 et seq.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 452, 465.

ALR.

- Widow's or family allowance out of decedent's estate as surviving death or marriage of widow or minor children, or attainment of majority by children, 144 A.L.R. 270.

Who is included in term "family" or "household" in statutes relating to family allowance or exemption out of decedent's estate, 88 A.L.R.2d 890.