84 Ga. 265 | Ga. | 1890
Miss W. E. Hines, R. A. Sewell and his wife, S. M. Sewell, P. A. Cook and his wife, M. E. Cook, and D. W. Hines brought their petition to the February term, 1887, of Campbell superior court, in which they alleged that they were the heirs at law of Wm. A. Hines, who was the brother of Benjamin F. Hines. Said William A. and Benjamin F. Hines were the children of a daughter of Samuel Weaver. Samuel Weaver, who was their great grandfather, died in 1850. By his will he left the bulk of his estate to his wife for life, with remainder over to several remaindermen. Among the remaindermen were Benjamin F. and W. A. Hines, for whom the executor was made guardian and trustee. Benjamin F. Hines died in 1862, and W. A. Hines was his sole heir, there being no administration. W. A. Hines, who was the father of the complainants, died in July, 1862, after his brother and before the life tenant, who died in 1863. There was no administration upon the estate of Benjamin F. or W. A. Hines. The dates of the deaths of the above named persons do not appear in the record before us, but it was agreed by counsel in writing that these dates, set out in the case of Cook v. Weaver, 77 Ga. 10, were true and correct, and the same might be used in this opinion. When Samuel Weaver,