Breaux v. Dilsaver

EDITH H. JONES, Circuit Judge:

This diversity suit arises from Appellants’ claim that the Appellee committed fraud and breached his fiduciary duties while serving as administrator of two decedents’ estates. The district court dismissed the suit, concluding that the probate exception to federal jurisdiction prevented it from hearing the case. We disagree: that the suit is against the administrator only in his personal capacity and does not require federal interference in any state probate proceeding. As the suit does not fall within the probate exception, we reverse and remand.

Ola H. Elverum…