McCune's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Cumberland county: No. 108, to'May Term 1870. In the estate of Anna M. McCullough, deceased. John McCune died intestate in May 1855, owning real and personal estate, leaving a widow, Sarah A. McCune, seven children and a minor granddaughter, Anna M. McCullough, the child of Bathsheba McCullough, a daughter of the decedent who had died before him. W. Gr.
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Appeal from the decree of the Orphans’ Court of Cumberland county: No. 108, to'May Term 1870. In the estate of Anna M. McCullough, deceased. John McCune died intestate in May 1855, owning real and personal estate, leaving a widow, Sarah A. McCune, seven children and a minor granddaughter, Anna M. McCullough, the child of Bathsheba McCullough, a daughter of the decedent who had died before him. W. Gr. Duncan was appointed guardian of the minor; her father died in 1856. Under proceedings in partition the real estate of John McCune was adjudged to his son William D. McCune on the 20th of April…
1Opinion of the Court
The opinion of the court was delivered, May 26th 1870, by
Thompson, C. J.
The guardian of the intestate in this case, Anna McCullough, recovered the share of his ward in her grandfather’s estate through proceedings in partition of that estate. The first descent to her was in the character in which the share existed, viz.: as land, although converted into money. After a time she died, and the question now is, to whom does the unexpended balance of Anna’s share pass? This is easily-answered. It being the second descent, the money undoubtedly passed as money and not land: Hay’s Appeal, 2 P. F.…
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