Baker v. Citizens and Southern Nat. Bank, 56111
| Decision Date | 12 September 1978 |
| Docket Number | No. 56111,56111 |
| Citation | 147 Ga.App. 188,248 S.E.2d 224 |
| Court | Georgia Court of Appeals |
| Parties | BAKER v. The CITIZENS & SOUTHERN NATIONAL BANK et al. |
Nicholson & De Pascale, Ernest De Pascale, Athens, for appellant.
H. T. Quillian, Jr., Lewis, Hunnicutt, Taylor & Daniel, A. E. Daniel, III, J. Wayne Hadden, La Grange, for appellees.
Appellant applied to the probate court for a second year's support. The probate court dismissed and disallowed the application. An appeal was taken to the superior court. Appellees filed motions for summary judgment with an accompanying affidavit raising the defense that at the time of filing the application for a second year's support, the estate still had debts to pay which included certain administration expenses and potential additional taxes. Appellant filed no opposing affidavits or documents of any kind. The superior court granted appellees' motions for summary judgment. We affirm.
1. Code Ann. § 113-1004 provides: "When an estate is to be kept together for a longer time than 12 months, and there are no debts to pay, and a widow and minor children to be supported out of said estate, they shall have a year's support for each year that such estate may be kept together, and the appraisers aforesaid may act in the same capacity for the second and any subsequent year, or new appraisers may be appointed by the judge of the probate court to assign such support after the first year."
The facts of this case are very similar to those in Woodall v. First Nat. Bank of Columbus, 118 Ga.App. 440(2), 164 S.E.2d 361, holding that costs of administration, as well as taxes, are debts of the estate. The court granted summary judgment and disallowed the application for a second year's support in that case. See also Martin v. Gaissert, 139 Ga. 693, 78 S.E. 40; and Crummey v. Crummey, 58 Ga.App. 57, 197 S.E. 501.
2. It is incumbent upon appellant to make some showing in refutation of the prima facie showing of appellees that they were entitled to summary judgment. Peek v. Southern Guaranty Ins. Co., 142 Ga.App. 671, 676, 236 S.E.2d 767, revd. on other grounds, 240 Ga. 498, 241 S.E.2d 210.
Colodny v. Dominion Mtg., etc., 141 Ga.App. 139, 141, 232 S.E.2d 601, 602.
Appellant, by failing to submit opposing affidavits or other documents, has in effect admitted the sworn...
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...motion for summary judgment. (Cit.)' Colodny v. Dominion Mtg. &c., 141 Ga.App. 139, 141, 232 S.E.2d 601." Baker v. C. & S. Nat. Bank, 147 Ga.App. 188, 189, 248 S.E.2d 224, 225 (1978). I conclude that at the time of the injury appellant was appellee's "borrowed servant," as this term is defi......
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...to show a genuine issue of material fact. See Richards v. Tolbert, 232 Ga. 678, 208 S.E.2d 486 (1974); Baker v. Citizens & Southern National Bank, 147 Ga.App. 188, 248 S.E.2d 224 (1978); CPA § 56 (Code Ann. § While, at trial, the party moving for summary judgment has the burden of establish......
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Baker v. Baker
...as any other obligation." Id. Potential additional taxes also have been treated as estate debts for this purpose. Baker v. C & S Nat. Bank, 147 Ga.App. 188(1), 248 S.E.2d 224. Moreover, the presence of such debts will support a grant of summary judgment against the applicant for second or s......
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