Eyber v. Dominion National Bank of Bristol Office

DALTON, Chief Judge.

This proceeding arises on a motion to dismiss the complaint, and the outcome turns on whether the situation is such as to allow this court to assume jurisdiction and in effect determine which of two writings, both purporting to be the last will and testament of Trula Hicks Rouse, is the true last will of that testatrix.

The first instrument, which the plaintiffs offer as the decedent’s last will, was duly executed on September 7, 1951, in Bristol, Tennessee. In 1954 the testatrix went to California and stayed in the home of Winifred Hicks Eyber, her niece, and shortly…