Gaskins v. Gaskins

CLAY, Commissioner. This suit was brought by heirs at law of one Sam Gaskins, who died intestate a resident of Georgia, for sale and division of real property owned by him in this State. His widow and a creditor filed claims against the proceeds of this sale, both of which were denied by the Circuit Court. By virtue of a judgment of the Georgia Ordinary Court, in an ex parte proceeding, the widow was allowed the sum of $5,000 for a year's support, to be paid out of the estate funds. This allowance is specifically provided for by a Georgia statute, and constitutes a preferred claim against the estate. The widow now comes into this jurisdiction and asserts she has a valid judgment for $5,000 against the estate of her deceased husband, and that under Article IV, Section 1, of the Federal Constitution, Kentucky Courts must give full faith and credit to the judicial proceeding in Georgia.