Legal Research

Marshall v. Marshall

By mdell

The United States Supreme Court, in a 9-0 opinion written by Justice Ginsburg, decided the scope and applicability of the probate exception to federal jurisdiction.  "Once described by a 7th Circuit Court of Appeals judge as ?one of the most mysterious and esoteric branches of the law of federal jurisdiction,? the probate exception allows federal courts to hear claims brought by heirs to a decedent?s estate so long as the federal court doesn?t interfere with probate proceedings or take control of the property in custody of the state court. The exception was articulated in the 1946 Supreme Court opinion in Markham v. Allen."  The case was reversed and remanded to the 9th Circuit Court of Appeals, which had initially determined that Mrs. Marshall's claim was ?in substance nothing more than a thinly veiled will contest.?  To the amazement of many, Mrs. Marshall won the day.

Excerpts from On the Docket, Medill School of Journalism, Northwestern University.

Petitioner's Brief available here.

Posted by Marin Dell

Full post as published by FSU College of Law Library Blog on May 05, 2006 (boomark / email).