Don Wisecarver, Carol McCamy and Karen Solomon v. Loretta Moore and Evelyn Page

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the removal of [contested] assets from [the decedent’s] estate during his lifetime removes them from the limited scope of the probate exception”
• holding that “the removal of [contested] assets from [the decedent’s] estate during his lifetime removes them from the limited scope of the probate exception”
• affirming that federal court has no jurisdiction over actions to invalidate a will or to reach the res subject to administration by the probate court
• explaining that claims for asset transfers during a testator’s life “do not interfere with the res in the state court probate proceedings or ask a federal court to probate or annul a will”
• in personam claims for money damages “equal to the amount of the [challenged] probate disbursements” are barred by the probate exception because such an award “would be tantamount to setting aside the will.”

Source: CourtListener parenthetical corpus (CC0).