McCammon v. Cooper
McCammon v. Cooper
Opinion of the Court
The claim of plaintiffs in error is that the property inherited by Leora McCammon from her father having been ancestral property, and the plaintiffs in error being the only heirs at law of the ancestor, they are entitled, by force of our statute of descent and distribution, to the inheritance. Not that the precise estate which was owned by Leora McCammon, at her decease, came to her by inheritance, for without question it did not, but that property was purchased by the proceeds of the real estate which she did inherit, and which had been sold by her guardian; and that by applying the rule of equitable conversion, the funds derived from the sale continued during the life of Leora, in whatever form they were invested, to be impressed with the character of ancestral property for purposes of descent and distribution.
We think the proposition can not be maintained. It is conceded that under the authority of Armstrong v. Miller, 6 Ohio, 119, and Pence v. Pence, 11 Ohio St., 290, the proceeds of the sale of land would have become personal property, with all the incidents of such property as to distribution, in' the event of the death of Leora, but for the act of March 18, 1890, which added a proviso to Section 4163, Revised Statutes (the section which directs the distribution of personal property), which proviso is:
“Provided, that any fund in the hands of any administrator, guardian, assignee or other trustee which has arisen from the sale of real estate, which real estate .came to such intestate by descent, devise or deed of gift from an ancestor, shall descend according to the course of descent described by Section 4158 for ancestral real estate.”
And the contention with respect to this proviso is that the term “any fund in the hands of any * * * —guardian # * # or other trustee” means the proceeds of the sale so long as held by the guardian or trustee under his trust and unexpended, into whatever form he may in fact change them by investment, thus seeking by construction to engraft upon our statute the equitable rule, enforced in many jurisdictions, that when for any reason the court changes the character of the property belonging to infants, it will not per
But it seems hardly worth while to pursue this line further. Another answer fully covers the case. The proviso does not apply because the property in question was not a fund in the hands' of the’ trustee. A fund is well defined as money or its equivalent gathered .for, or to be appropriated to a specific objeet. The property in controversy is not personal property of any kind; it is a right to real estate, and it isn’t of conse
There is no error in the judgment of the circuit court affirming that of the common pleas, and it will be
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.