Old Nat. Bank of Evansville v. Union Trust Co. of Indianapolis

(after stating the facts as above).

We are first met with the contention on the part of appellant that the district court in issuing its instructions to the co-trustees was without jurisdiction of the subject matter. It is not contended by appellees that the trustees’ petition for instructions of the court, with the answers thereto, standing alone constitute a controversy contemplated by section 24 (1) (b) of the Judicial Code, 28 USCA § 41 (1) (b). It is quite obvious that they do not constitute such a controversy, for standing alone, there is neither diversity of citizenship nor…