Franklin v. Franklin

Supreme Court of Georgia

Franklin v. Franklin

344 S.E.2d 230, 256 Ga. 61

CourtSupreme Court of Georgia

DecidedJune 10, 1986

Docket43204

StatusPublished

Cited by4 cases

This text of 344 S.E.2d 230 (Franklin v. Franklin) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin v. Franklin, 344 S.E.2d 230, 256 Ga. 61 (Ga. 1986).

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Opinion

Hunt, Justice.

On the death of Robert A. Franklin, Jr., in 1984, appellant, as executrix of his estate, terminated the alimony payments required under the 1978 divorce settlement between Franklin and his former wife, Martha Franklin. The agreement which was incorporated in the decree provided in material part that: “Mr. Franklin shall pay to Mrs. Franklin the sum of $1,000 per month as alimony . . . until Mrs. Franklin marries or dies. . . . Said payments are a charge against the estate of Mr. Franklin,” and “Each and every item and condition of this Agreement are made charges against the estate of both parties if the same has not been completed upon the death of either party.”

The trial court granted summary judgment to the former wife on her specific performance action on the grounds that the agreement unequivocally expressed the clear intent that the payment of alimony was to survive Mr. Franklin’s death and that there was no material issue of fact as to that claim. We agree and affirm.

Judgment affirmed.

All the Justices concur, except Weltner, J., who dissents.

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Hunt, Justice.

On the death of Robert A. Franklin, Jr., in 1984, appellant, as executrix of his estate, terminated the alimony payments required under the 1978 divorce settlement between Franklin and his former wife, Martha Franklin. The agreement which was incorporated in the decree provided in material part that: “Mr. Franklin shall pay to Mrs. Franklin the sum of $1,000 per month as alimony . . . until Mrs. Franklin marries or dies. . . . Said payments are a charge against the estate of Mr. Franklin,” and “Each and every item and condition of this Agreement are made charges against the estate of both parties if the same has not been completed upon the death of either party.”

The trial court granted summary judgment to the former wife on her specific performance action on the grounds that the agreement unequivocally expressed the clear intent that the payment of alimony was to survive Mr. Franklin’s death and that there was no material issue of fact as to that claim. We agree and affirm.

Judgment affirmed.

All the Justices concur, except Weltner, J., who dissents.

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Bluebook (online)

344 S.E.2d 230, 256 Ga. 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-franklin-ga-1986.

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