Legal Opinion
Jeanette Thomas Kausch v. The First Wichita National Bank of Wichita Falls, Texas, as Independent of the Estate of Louise Thomas Cook, Deceased, Etc.
Court of Appeals for the First Circuit
Decided January 5, 1973No. 72-1846PublishedCited by 16 opinions
1Opinion of the Court
RONEY, Circuit Judge:
Appellant Jeanette Thomas Kausch, seeking to set aside a will previously admitted to probate in Texas, brought this diversity suit in federal District Court. The District Court dismissed her suit for lack of federal jurisdiction. We affirm.
Federal jurisdiction based on diversity of citizenship, under 28 U.S.C.A. § 1332, is subject to a well-known, judge-made exception that federal courts generally will not act in probate matters even though diversity of citizenship is present. But, “[t]he exception . is far from absolute, it turns, instead, on unclear distinctions of the…
2Cases cited7 opinions
- Sutton v. EnglishSupreme Court of the United States · 1918
- Allstate Insurance Company, an Illinois Corporation v. The Employers Liability Assurance Corp., Ltd., and United States Fidelity and Guaranty Co.Court of Appeals for the Fifth Circuit · 1971
- The Tilley Lamp Company, Limited v. A. W. ThackerCourt of Appeals for the Fifth Circuit · 1972
- Hilley v. HilleyCourt of Appeals of Texas · 1957
- Johnny P. Ledbetter v. Buddy TaylorCourt of Appeals for the Tenth Circuit · 1966
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Harkins v. Crews, Texas Court of Appeals, 4th District (San Antonio)1995
- Rice v. Rice FoundationCourt of Appeals for the Seventh Circuit · 1979
- Michigan Tech Fund, a Non-Profit Michigan Corporation v. Century National Bank of BrowardCourt of Appeals for the Eleventh Circuit · 1982
- Bassler v. ArrowoodCourt of Appeals for the Eighth Circuit · 1974
- Moore v. GraybealCourt of Appeals for the Third Circuit · 1988
11 more not listed; retrieve them via the Exa API.