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Golden v. Golden

By United States Court of Appeals for the Third Circuit

Release : 2004-09-03

Genre : Law, Books, Professional & Technical

Kind : ebook

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Robert Golden, attorney-in-fact for Leah Golden, and Donald Earwood, executor of the estate of Helen Earwood, appeal a final order of the United States District Court for the Western District of Pennsylvania dismissing their action for lack of jurisdiction. Appellants action sought, through various means, to challenge the distribution of assets from the estate of Irene I. King. In addition to asserting a number of familiar torts, including fraud and slander, the complaint asserted several grounds for relief that relate to probate law, including undue influence and breach of fiduciary duty as the executor of a will. Appellants also sought punitive damages. The District Court dismissed the action as falling within the probate exception to federal diversity jurisdiction. This case, therefore, requires us to explore the contours of the probate exception. We will affirm in part and reverse in part.

Golden v. Golden

By United States Court of Appeals for the Third Circuit

Release : 2004-09-03

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
Robert Golden, attorney-in-fact for Leah Golden, and Donald Earwood, executor of the estate of Helen Earwood, appeal a final order of the United States District Court for the Western District of Pennsylvania dismissing their action for lack of jurisdiction. Appellants action sought, through various means, to challenge the distribution of assets from the estate of Irene I. King. In addition to asserting a number of familiar torts, including fraud and slander, the complaint asserted several grounds for relief that relate to probate law, including undue influence and breach of fiduciary duty as the executor of a will. Appellants also sought punitive damages. The District Court dismissed the action as falling within the probate exception to federal diversity jurisdiction. This case, therefore, requires us to explore the contours of the probate exception. We will affirm in part and reverse in part.

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