United States Sixth Circuit

Dismissing of plaintiffs' complaint for lack of subject matter jurisdiction based on the probate exception to federal diversity jurisdiction is affirmed in part and reversed in part where two forms of relief sought by plaintiffs would not implicate the probate exception, specifically: 1) an accounting of assets received during the last two years of the testator's life; and 2) a monetary judgment in an amount to be determined in relation to such assets.

Appellate Information

• Decided 06/08/2007
• Published 06/08/2007

Judges

• Before: SILER and GILMAN, Circuit Judges;  ZATKOFF, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF: John O. Threadgill, The Threadgill Law Firm, Knoxville, TN (briefed), for Appellants.  Lanna M. Kilgore, Bowling Green, KY (briefed), for Appellees.