In this declaratory judgment action, three grandchildren of Alice Eugenia Wallace, deceased, appeal the denial of their summary judgment motion and the grant of a declaratory judgment sought by Barbara Wallace Jackson-Duckworth, Alice’s daughter and the executor of Alice’s estate. The grandchildren contend that the trial court erred in that 1 the petition for declaratory judgment did not raise a justiciable issue, 2 a 1951 order of a year’s support awarded a certain portion of Alice’s husband’s estate to Alice and her minor children jointly, and 3 Alice admitted in judicio that the year’s support was awarded jointly to herself and her minor children. For the reasons that follow, we affirm and remand. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1 So viewed, the record shows that in 1951, Alice’s husband died, and she petitioned the ordinary of Fulton County for an award of a year’s support to be set aside from her husband’s estate to benefit her and her minor children. The ordinary appointed three appraisers who investigated the circumstances and set aside a portion of the estate for the year’s support award, which was published without objection and subsequently signed by the ordinary. The appraisers’ award read as follows, with the emphasized portion typed into an otherwise standard form: We set apart and assign for the support and maintenance of Alice Eugenia Wallace widow and said children , for twelve months from the date of this administration, All of the household effects, and furnishings, personal effects, clothing, jewelry, and such articles belonging to husband in his lifetime. We further set apart to Alice Eugenia Wallace, widow of husband, deceased, all of the assets and property of the business known as Southeastern Transfer and Storage Company, operated as a proprietorship by the husband in his lifetime, said assets including, but not limited to, the following list of trucks, trailers, and various equipment of the company . Emphasis supplied.
After the year’s support award was made in 1951, Alice incorporated the company in 1954, exchanging the company assets in the award for stock. Alice continued to run the company until 1994, when she became too ill to be involved in the day-to-day operations. By 1999, Alice owned 214 shares of common stock and her son Walter who had worked for the corporation owned 46, with no other outstanding shares.
