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Probate Exception

On June 28, 2007, the United States Court of Appeals for the Second Circuit issued it decision in Lefkowitz v. Bank of New York.

This opinion addresses the status of the “probate exception” to federal court diversity jurisdiction, following the United States Supreme Court’s May 1, 2006 decision in Marshall v. Marshall which involved Anna Nicole Smith.

For a comprehensive discussion of this case, see Neil E. Hendershot’s posting entitled Future View: Fiduciaries in Federal Court (July 5, 2007) on his PA Elder, Estate & Fiduciary Law Blog.