Page:Federal Reporter, 1st Series, Volume 4.djvu/15

 CASES �AEGUED AND DETEEMINED ���Ci THB ���WinM M^U% ëixmii mi f feteict emttf^ ���BoDTHWoBTH ». Adam3 and others. �{Oircuit Court, E. D. Wiscondn. October 18, 1880.) �1. JuwsBiCTios— "WiLiiS— Removal Act of 1875.— By the law of Wis- consin, at the time this action was begun, jurisdiction to establish lost wills was vested in the circuit courts of the state and not in the probate courts. In an action brought in the state court by an alleged legatee under a lost will, agaiast the sole heir at law, to establish the will, and removeJ to the federal court under the removal act of 1875, the parties being citizens of different states, hM, that although the federal court might not have jurisdiction of such an action, if origi- nally brought in that court, the case was removable under the act, and that, after it was ti-ansferred to the federal court, that court had juris- diction of the same. 8ee Gaines v. Fuentes et al. 2 Otto, 10. �Mr. Cassoday and Mr Paige, for complaînant. �Mr. Weeks and Mr. Lillibridge, for defendant. �Dyer, D. J. This is an action originally brougbt în the state court to establish an alleged lost -will of Eichard De Forest, deceased, and removed to this court at the instance of the defendant. The complainant is a citizen of the state �v.4,no.l — 1 ����