Brown v. Fletcher
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Suit, in equity by Albert W. Brown against Frank W. Fletcher and Allan M. Fletcher, executors of the last will and testament of George N. Fletcher, deceased, and Grace Fletcher King. Decree for defendants, and complainant appeals. This is a suit in equity and was commenced in the court below on October 26, 1908; jurisdiction having been acquired through diversity of citizenship.
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Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Suit, in equity by Albert W. Brown against Frank W. Fletcher and Allan M. Fletcher, executors of the last will and testament of George N. Fletcher, deceased, and Grace Fletcher King. Decree for defendants, and complainant appeals. This is a suit in equity and was commenced in the court below on October 26, 1908; jurisdiction having been acquired through diversity of citizenship. It appears by the bill that complainant is the sole legatee and devisee of his deceased wife Frances M. Brown, who was the…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The right to maintain a bill in equity founded on diversity of citizenship to establish a claim against the legal representatives of an estate is not questioned; and it may be safely assumed for the purposes of this decision that complainant is entitled to maintain his bill unless one or both of the pleas must be sustained. Eddy v. Eddy, 168 Fed. (6th Circuit) 590, 598, 93 C. C. A. 586; Waterman v. Canal-Louisiana Bank, 215 U. S. 33, 43, 30 Sup. Ct. 10, 54 L. Ed. -; O’Toole v. Hurley, 115 Mich. 517, 73 N. W. 805.
It is to be observed that, in spite of all…
2Cases cited63 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Russell v. PlaceSupreme Court of the United States · 1877
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
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3Cited by20 opinions
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- Pueblo De Taos v. ArchuletaCourt of Appeals for the Tenth Circuit · 1933
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