Sieland v. Hamel

HULEN, District Judge.

Plaintiffs filed suit in the ¡State Court to cancel and revoke the will of George Sieland. Defendants removed on grounds of diversity, alleging amount involved exceeded $3,000, exclusive of interest and costs. Plaintiffs’ motion to remand raises the issue of jurisdiction (1) in a Federal Court to try a suit to revoke a will, and (2) that the administrator as a party destroys diversity.

I

Plaintiffs call our attention to cases decided by the Supreme Court holding that a court of equity is without jurisdiction to try a will contest if the suit is brought on the equity side,…