Legal Opinion

Smith v. Smith

District Court, W.D. Virginia

Decided August 8, 1967No. Civ. A. No. 67-C-13-RPublishedCited by 4 opinions

1Opinion of the Court

OPINION AND JUDGMENT

DALTON, Chief Judge.

This case comes before the court on defendant’s motion to dismiss on the grounds that the court lacks jurisdiction to compel an accounting in the administration of an estate. The jurisdictional requirements of diversity of citizenship and amount in controversy have been met. The facts are as follows:

On August 15, 1962, Robert C. Smith died intestate. He was a resident of Virginia at the time. Prior to his death the decedent had obtained a divorce from plaintiff and had entered a property settlement agreement with her. After decedent’s death, the…

2Cases cited4 opinions

  1. Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
  2. Kittredge v. StevensCourt of Appeals for the First Circuit · 1942
  3. Cottingham v. HallCourt of Appeals for the Fourth Circuit · 1932
  4. Eyber v. Dominion National Bank of Bristol OfficeDistrict Court, W.D. Virginia · 1966

3Cited by4 opinions

  1. Hilton v. MumawCourt of Appeals for the Ninth Circuit · 1975
  2. Law v. LawDistrict Court, E.D. Virginia · 1996
  3. Sisson v. Campbell University, Inc.District Court, E.D. North Carolina · 1988
  4. Henry Hilton v. Richard Henry Mumaw and Bethel Mumaw, His Wife and the Marital Community Composed Thereof, Anthony Hilton v. Richard Henry Mumaw and Bethel Mumaw, His Wife and the Marital Community Composed Thereof, Anthony Hilton v. Richard Henry Mumaw and Bethel Mumaw, His Wife and the Marital Community Composed Thereof, Anthony Hilton v. Richard Henry Mumaw and Bethel Mumaw, His Wife and the Marital Community Composed ThereofCourt of Appeals for the Ninth Circuit · 1975

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