Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, January 30, 2009

Impact of the Marshall decision

Harper_robert_2Robert M. Harper (Associate, Farrell Fritz, P.C.) has recently published his article entitled The Probate Exception to Federal Jurisdiction, Prob. & Prop., Jan. 2009, at 60.

Here is the introduction to his article:

Until the U.S. Supreme Court’s decision in Marshall v. Marshall, the probate exception to federal jurisdiction perplexed many federal courts and probate practitioners.  Indeed, before Marshall, the extent to which the probate exception barred U.S. courts from presiding over cases involving estates was unclear. This article discusses the Marshall decision and explains how its progeny have developed in the federal circuit courts throughout the country.


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For the life of me I cannot understand how the Marshall case made it all the way to the Supreme Court of the United States. This is the highest Court in our country and they were hearing a case in which the key player's claim was that she was entitled to a share of an estate in which more than adequate estate planning had been executed in which the testator, J. Howard Marshall, knowingly omitted her. She was behind this case raging on for more than a decade, and I genuinely hope that after her passing the matter will finally be at it's conclusion. Perhaps Larry Birkhead will have more integrity than Anna ever did and will realize that the claim is bogus and that it is only destined to bring about more stress and anguish.

Posted by: Andrew | Feb 2, 2009 5:52:32 PM

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