Cole v. Cole
Georgia Court of Appeals
422 S.E.2d 230 (1992)
- Written by Sean Carroll, JD
Facts
Harold Cole died intestate. The probate court found that Harold had a one-half interest in his marital home. Harold’s widow, Audrey Cole (plaintiff) testified that she had purchased their marital home with her own money. She also testified that Harold had told her that he would be unable to contribute to the home until he was no longer required to pay child support for the children of his first marriage (defendants). On appeal, the superior court found that Audrey owned the entire marital home. The children of Harold’s first marriage appealed, arguing that Harold’s statement to Audrey about his ability to contribute to the home was inadmissible hearsay. Specifically, the children argued that the statement could not be admitted as a declaration against interest because it was not actually against Audrey’s interest.
Rule of Law
Issue
Holding and Reasoning (Carley, J.)
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