Legal Opinion

Hemphill v. Hemphill

Court of Appeals of Georgia

Decided March 7, 1940No. 27980Published

1Opinion of the CourtStephens, P. J.

(After stating the foregoing facts.)

Where there are no debts, a consent division of the whole estate by the heirs is a good administration thereof and concludes the parties. Harris v. Seals, 29 Ga. 585; Alderman v. Chester, 34 Ga. 152; Byrd v. Byrd, 44 Ga. 258; Williams v. Williams Co., 122 Ga. 118 (50 S. E. 52; 106 Am. St. R. 100). This division may be made by arbitrators selected by the heirs. Turk v. Turk, 3 Ga. 422 (46 Am. D. 434). It appears from the petition as amended, that the estate had no creditors, that all the heirs were sui juris, that the heirs entered into an agreement by which…

2Cases cited7 opinions

  1. Goodman v. StateSupreme Court of Georgia · 1905
  2. Williams v. Williams Co.Supreme Court of Georgia · 1905
  3. Alderman v. ChesterSupreme Court of Georgia · 1865
  4. Harris v. SealsSupreme Court of Georgia · 1859
  5. Turk v. TurkSupreme Court of Georgia · 1847

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