Oliver v. Hines

FINDINGS OF FACT AND CONCLUSIONS OF LAW

T.S. ELLIS, III, District Judge.

In this removed diversity action, plaintiff seeks a declaratory judgment that the July 23, 2008 amended inter vivos trust (hereinafter the “2008 Amended Trust”1) of her father, Colonel William P. Oliver, is invalid. The parties conducted full discovery. In the course of discovery, a concern arose that subject matter jurisdiction might be lacking by virtue of the judicially-created probate exception to federal diversity jurisdiction. This concern was fully briefed, argued, and, in the end, resolved by Order dated March 5,…