Legal Opinion
In re Aspinwall's Estate
U.S. Circuit Court for the District of Western Pennsylvania
Decided December 18, 1897No. 20PublishedCited by 5 opinions
Sur motion to remand to state court.
1Opinion of the Court
ACHESON, Circuit Judge.
It may confidently be affirmed that a
proceeding to establish and probate a will is not a suit at law or in equity, of which a circuit court of the United States, under the act of March 3, 1887, as amended August 13, 1888, has original cognizance, or can acquire jurisdiction by removal from a state court. Case of Broderick’s Will, 21 Wall. 503; In re Frazer, Fed. Cas. No. 5,068; Reed v. Reed, 31 Fed. 49; In re Cilley, 58 Fed. 977; In re Foley, 76 Fed. 390, 80 Fed. 949. What, then, is the nature of the proceeding here in question?
The register of wills of Allegheny county,…
2Cases cited8 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Ellis v. DavisSupreme Court of the United States · 1883
- Miller's EstateSupreme Court of Pennsylvania · 1894
- Theiss v. WeissSupreme Court of Pennsylvania · 1895
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mahopoulus v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1908
- Wahl v. FranzCourt of Appeals for the Eighth Circuit · 1900
- Powell v. . WatkinsSupreme Court of North Carolina · 1916
- In re Aspinwall's EstateCourt of Appeals for the Third Circuit · 1898
- Wahl v. FranzCourt of Appeals for the Eighth Circuit · 1900