Legal Opinion

John A. Turja Richard H. Turja v. Stephen F. Turja, Individually and as of the Estate of Marion A. Turja

Court of Appeals for the Fourth Circuit

Decided July 8, 1997No. 96-2413PublishedCited by 6 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge MURNAGHAN and Chief Judge STAMP joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The appeal involves the venerable, but infrequently discussed, probate exception to a federal court’s diversity jurisdiction. Two brothers brought this action against a third brother alleging that he exercised undue influence over their mother, which led her to execute a will, a trust agreement, and related documents in his favor. After a bench trial, the district court concluded that the mother lacked the requisite mental capacity and was…

2Cases cited15 opinions

  1. Markham v. AllenSupreme Court of the United States · 1946
  2. Farrell v. O'BrienSupreme Court of the United States · 1905
  3. Nicolae Dragan v. John and Sylvia MillerCourt of Appeals for the Seventh Circuit · 1982
  4. Gilmore v. Basic Industries, Inc.Supreme Court of Virginia · 1987
  5. Foster v. CarlinCourt of Appeals for the Fourth Circuit · 1952

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3Cited by6 opinions

  1. Marshall v. Marshall (In re Marshall)Court of Appeals for the Ninth Circuit · 2004
  2. Pitts v. First Union National BankDistrict Court, D. Maryland · 2002
  3. Jones v. HarperDistrict Court, S.D. West Virginia · 1999
  4. Vangrack, Axelson & Williamowsky, P.C. v. Estate of Mehru AbbasiDistrict Court, D. Maryland · 2003
  5. In Re: Vickie Lynn Marshall, Debtor. E. Pierce Marshall, Plaintiff-Counter-Defendant/appellant-Cross-Appellee v. Vickie Lynn Marshall, Defendant-Counter-Claimant/appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2004

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