Mildred E. McCan v. The First National Bank of Portland, a National Banking Association

Appellant, the widow and beneficiary under the will of C. P. McCan, deceased, sued appellee bank, as executor of the will, for damages claimed to have been sustained as a proximate result of negligent administration of the decedent’s estate. Federal jurisdiction was invoked upon the ground of diversity of citizenship.

The question whether the executor violated any legal duty to appellant is a matter which, under Oregon law, is committed to the special jurisdiction of the Probate Court of Oregon. See: National Surety Corp. v. McArthur, 1944, 174 Or. 376, 149 P.2d 328; Cass v. Harder, 1936, 153…