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probate jurisdiction

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 326 U.S. 490 - Markham v. Allen · 1946Most cited · 1,074 citing opinions

a federal court has no jurisdiction to probate a will or administer an estate, the reason being that the equity jurisdiction conferred by the Judiciary Act of 1789, 1 Stat. 73, and §24(1) of the Judicial Code, which is that of the English Court of Chancery in 1789, did not extend to probate matters. But it has been established by a long series of decisions of this Court that federal courts of equity have jurisdiction to entertain suits 'in favor of creditors, legatees and heirs' and other claimants against a decedent's estate 'to establish their claims' so long as the federal court does not interfere with the probate proceedings or assume general jurisdiction of the probate or control of the property in the custody of the state court.

Show all 3 Supreme Court definitions and how they changed over time 1855–1946