COLE v. COLE

A92A0804.

205 Ga. App. 332 (1992)

422 S.E.2d 230

COLE et al. v. COLE.

Court of Appeals of Georgia.

Decided September 8, 1992.


Attorney(s) appearing for the Case

J. Robert Morgan, for appellants.

Michael B. Perry, for appellee.


CARLEY, Presiding Judge.

Mr. Harold Cole died intestate. He was survived by appellee Mrs. Audrey Cole, his second wife, and by appellants, the children of his first marriage. Relying upon the statutory presumption of a gift between spouses, the probate court found that the decedent had a one-half interest in the marital home. See OCGA § 53-12-92 (c). On appeal to the superior court, a jury found that the marital home belonged entirely to appellee pursuant to...

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