Salvation Army v. Morris

LEWIS, Circuit Judge.

This is an appeal from an order of the United States District Court for the Western District of Oklahoma dismissing the appellant’s suit for lack of jurisdiction over the subject matter.

By its complaint, the appellant seeks to impose in its favor a constructive trust upon the estate of J. W. Morris, probated in 1959 and presently held, pending the outcome of this litigation, by Thomas J. Morris, the residuary legatee and executor under the will and one of the defendant-appellees in this action. Prior to the commencement of the 1959 probate proceeding in the County Court…