Plowden v. Plowden

• Court: Georgia Court of Appeals
• Citation: Plowden v. Plowden, 171 S.E. 388, 47 Ga. App. 751 (Ga. App. 1933)
• Decision Date: 21 October 1933
• Docket Number: 23300.
• Parties: PLOWDEN v. PLOWDEN.

171 S.E. 388

47 Ga.App. 751

PLOWDEN v. PLOWDEN.

No. 23300.

Court of Appeals of Georgia, Second Division

October 21, 1933

Syllabus by Editorial Staff.

Widow is not entitled to have year's support set apart in land to which husband during his lifetime conveyed all his title.

Part of appraisers' return setting apart land in which widow had life estate and children remainder interest as year's support held void.

Husband's deed conveying land to wife for life with remainder to children in fee simple, subject to husband's debts held to divest husband of all title in land precluding setting land apart to his widow for year's support.

Error from Superior Court, Randolph County; C. W. Worrill, Judge.

Proceeding between Mrs. E. W. Plowden and Mrs. J. S. Plowden. To review the judgment, the first-named party brings error.

Affirmed.

J. W Harris, of Cuthbert, and H. A. Wilkinson, of Dawson, for plaintiff in error.

Bennet & Peacock, of Albany, and A. S. Perry, of Cuthbert, for defendant in error.

Syllabus OPINION.

SUTTON Judge.

1. A widow is not entitled to have a year's support set apart in land to which the husband during his lifetime conveyed all his title, since such year's support can only be set aside from property of the estate of the husband. Odom v. Hoppendeitzel, 153 Ga. 20 (1), 111 S.E. 419; Griffeth v. Haygood, 174 Ga. 22, 161 S.E. 831; Scruggs v. Morel, 22 Ga.App. 93, 95 S.E. 316. The legal title to a life estate in the land being in the widow, and the remainder interest being in the children of the decedent, so much of the return of the appraisers as set apart such land to the widow as a year's support was void. Exchange Bank v. Cash, 169 Ga. 753, 151 S.E. 345.

2. A deed from a husband to his wife in which he conveyed certain lands to her for her life, with remainder at her death to their children, in fee simple, but subject to the debts of the grantor, including certain sums due two of his sons which deed gave to the wife the right to hold, control, and manage the property in such way as she deemed proper, without accountability for rents, issues, or profits, and gave her authority without order of court to sell the land for reinvestment for the benefit of herself and the remaindermen, also to make "said limited estate and property chargeable with the expenses of all legitimate improvements, and also she can sell said estate and property at any time and pay the just debts of...