Janice Harris and June Parmenter v. Lenora Pollock, Individually and as Co-Executrix of the Estate of Lee Pollock

HOLLOWAY, Circuit Judge.

The issue on this appeal is whether, in view of a pending Oklahoma probate proceeding, these plaintiffs as heirs can maintain a diversity suit against co-executors and a bank for equitable relief and a determination of ownership of personalty which one co-executrix claims as her separate property, and which the plaintiffs claim should be made a part of the decedent’s estate. The federal court dismissed on the ground that the state court had earlier acquired jurisdiction of the parties and subject matter and that the federal court should yield to the state court. The…