Impact of the Marshall decision

Robert 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.