¶1*182Paul E. Adkins, Circleville, Ohio, for appellants.
¶2O. J. Cockrell, Jackson, Ky., and Earl B. Rose, Beattyville, Ky., for appellees.
¶3Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.
¶5This case came on to be heard upon the record and briefs and oral argument of counsel;
¶6And it appearing that this is an action for alleged wrongful death occurring in Kentucky, instituted by executors alleged to reside in New York and Ohio, respectively, against a citizen of Kentucky ;
¶7 And it appearing that under Kentucky law a foreign executor is not permitted to maintain such an action, Louisville & Nashville Railroad Co. v. Brantley’s Adm’r, 96 Ky. 297, 28 S.W. 477; Vassill’s Adm’r v. Scarsella, 292 Ky. 153, 166 S.W.2d 64;
¶8And it appearing that after the statutory period for commencing the action had elapsed the alleged foreign executors filed a motion to amend their complaint by joining as party plaintiff an ancillary administrator, a citizen of Kentucky, and that the District Court overruled the motion and dismissed the case;
¶9And it appearing that the action is based upon diversity of citizenship, in which case the Federal Court, since it is dealing with a right of recovery created by one of the states, will follow the state law, Guaranty Trust Co. v. York, 326 U. S. 99, 108, 109;
¶10And it appearing that under the Kentucky law the filing of the complaint by the alleged foreign executors did not suspend the running of the statute and that the action attempted to be maintained by the ancillary administrator is barred by the statute of limitations, Vassill’s Administrator v. Scarsella, supra;
¶11And it appearing further that by joining the Kentucky administrator as a party, diversity of citizenship, if any, would be destroyed, Kentucky Natural Gas Corporation v. Duggins, 165 F.2d 1011 (C.A.6); Ockerman v. Wise, 202 F.2d 144 (C.A.6).
¶12The judgment of the District Court is affirmed.