Holland v. Holland

The trial court's award of a year's support to the surviving spouse clearly exceeded the amount necessary to support and maintain her for 12 months at her prior standard of living.

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After the death of her husband, Edd Holland, in June 1997, Trevice Holland applied for a year’s support under the pre-1998 Probate Code.1 The Hollands’ son, Arnold, filed a caveat to the application. Following a jury trial, the trial court entered judgment for Trevice in the entire amount requested in her application. Arnold appeals, and for reasons that follow, we affirm in part and reverse in part.2 Through her application for a year’s support, Trevice sought fee simple title to real property located in Pierce County, Bacon County, and Brantley County. She also requested various tools and farming equipment, two certificates of deposit, Edd’s personal possessions, household goods, furnishings, appliances, and title to four vehicles. In his caveat, Arnold did not challenge Trevice’s entitlement to a year’s support. He asserted, however, that Trevice’s claim, which sought Edd’s entire estate, was excessive.

The probate court agreed, awarding Trevice some, but not all, of the property requested in her petition. Trevice appealed the probate court’s order to the superior court, and the case proceeded to a jury trial. At the close of the evidence, and with Arnold’s consent, the trial court partially directed a verdict for Trevice, awarding her a life estate in the Pierce County and Bacon County properties, fee simple title to the Brantley County property, and all of the personal property requested in the application, including $20,000 in certificates of deposit.3 The jury subsequently awarded Trevice fee simple title to the Pierce County and Bacon County properties. Arnold moved for a new trial, asserting that the evidence and the law did not support the jury’s verdict regarding the Pierce and Bacon County real estate. The trial court denied the motion, and Arnold appeals.

Holland v. Holland

The trial court's award of a year's support to the surviving spouse clearly exceeded the amount necessary to support and maintain her for 12 months at her prior standard of living.

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