Lillian asserts such an interest and the trial court erred in dismissing her complaint. See also Reynolds v. Bowles, 213 Ga. 534 (1) ( 100 S.E.2d 198) (1957), for the proposition that an agreement to settle an estate may be enforced in a court of equity. Judgment reversed. All the Justices concur.
"Family arrangement" cases have been granted leniency by our courts. See, Reynolds v. Bowles, 213 Ga. 534 ( 100 S.E.2d 198) (1957); Ga. Digest, Specific Performance, § 86 and cits. Compare, Anderson v. Little c. Funeral Home, 242 Ga. 751 (1978). 11. The trial court did not err in refusing to commit the auditor's report to him for certain rulings of law as requested by appellants.
Where the interests of creditors are not involved, the heirs of an intestate, when of legal age, may settle up the estate as they choose among themselves, and such family settlements are greatly favored by the courts. Wilson v. Whitmire, 212 Ga. 287 ( 92 S.E.2d 20); Reynolds v. Bowles, 213 Ga. 534 ( 100 S.E.2d 198). Since upon the death of the owner of realty, which estate survives him, the title vests immediately in his heirs at law, subject to the payment of debts ( Code § 113-901), where the heirs make a settlement of the estate without an administration, they should make conveyances pursuant to the settlement in order to divest themselves of the legal title of the intestate's estate. In Williams v. Williams Co., 122 Ga. 178 (5) ( 50 S.E. 52, 106 ASR 100), where heirs adopted an irregular and unconfirmed report of appraisers appointed to distribute the estate, and obtained a nunc pro tunc order of the ordinary making this report the judgment of the court of ordinary, it was held: "Where a consent division of an estate has been made, each heir, without deed or further conveyance, acquires a perfect equity in the property set apart to him, and loses all interest in that assigned to the other distributees."
Accordingly, we will not disturb the judgment of the court below. Reynolds v. Bowles, 213 Ga. 534 ( 100 S.E.2d 198). Judgment affirmed. Bell, C. J., and Webb, J., concur.