dissenting.
I respectfully dissent because appellant failed to properly raise the issue which the majority opinion decides.
Appellant stood by without raising an exception while the trial court instructed the jury that periodic alimony can be a charge against the estate of a deceased payor. Appellant compounded the omission when he again stood by without objection while the jury returned its verdict.
A timely objection at either of these points during the trial would have allowed for the correction of the error, if any, without the need of an appeal and perhaps a new trial.
I acknowledge that OCGA § 5-5-24 (c) can be used as a basis to review the unexcepted to charge. However, I would decline where appellant not only failed to except but remained silent in face of the verdict. Ray v. Stinson, 254 Ga. 375 (329 SE2d 502) (1985).
I am authorized to state that Justice Smith joins in this dissent.