Prince v. New York Life Ins.

BREWSTER, District Judge.

These actions, removed from the State court, are before this court on plaintiff’s motions to remand. Plaintiff contends that this court is without jurisdiction inasmuch as there is no diversity of citizenship. In one case, plaintiff sues in her capacity as administratrix, but since, in such an action, the citizenship of the administratrix controls (Mecom v. Fitzsimmons Co., 284 U.S. 183, 52 S.Ct. 84, 76 L.Ed. 233, 77 A.L. R. 904), the same issue is presented in both cases. That issue is whether on September 9, 1936, when the actions were commenced, the plaintiff was a…