Monks v. Barker

McLELLAN, District Judge.

This action, which seeks, among other things, the construction of a will proved many years ago, in the Probate Court for Suffolk County, Massachusetts, came on for hearing upon the defendant’s “Motion to Dismiss and for Other Relief”.(1) In that portion of the motion numbered 1, the defendant seeks a dismissal of the action because, allegedly, on the date of the filing of the complaint, and since that date, all the parties have continued to be residents of the Commonwealth of Massachusetts. The real question is whether the plaintiff, who before coming to Boston was…