Harlan F. Stone

“ The judgment declared that petitioner had acquired the interests of the German nationals in the estate of decedent; that none of respondents have any right, title or interest in the estate; and that petitioner is entitled to receive the net estate in distribution after payment of expenses of administration, debts and taxes.
Without passing upon the merits, the Court of Appeals for the Ninth Circuit reversed and ordered the cause dismissed, upon the ground that the district court was without jurisdiction of the subject matter of the action. ”

“ Justice RUTLEDGE is of the opinion that the cause should be remanded to the district court and jurisdiction should be retained by it pending the state court's decision as to the persons entitled to receive the net estate. ”

“ III of the Constitution,' and since the present suit to determine heirship of property being administered in a state probate court is an exercise of probate jurisdiction, the district court is without jurisdiction.
It is true that a federal court has no jurisdiction to probate a will or administer an estate, the reason b ing that the equity jurisdiction conferred by the Judiciary Act of 1789, 1 Stat. ”

“ On January 23, 1943, petitioner, the Alien Property Custodian, acting under § 5 (b) (1) (B) of the Trading with the Enemy Act, as amended by First War Powers Act 1941 § 301, 55 Stat. 839, 50 U.S.C.App., Supp. ”