Silveus v. Hewins

LETTS, District Judge.

This matter is before the court on a motion to dismiss the bill of complaint. The motion is based upon the contention that the same subject-matter and issues involved in this bill are embraced in an action now pending before the probate court of Barnstable county, Mass. The action involves more than $3,000, and all of the plaintiffs are residents of states other than Massachusetts wherein the defendants reside.

In 1915 one Elizabeth G. Parke of Ealmouth, Mass., died leaving a will wherein appeared the following provision: “I give, devise and bequeath as follows: * * * To…