Marshall v. Marshall
Issues
Does the probate exception-which ostensibly gives state courts jurisdiction over all probate cases-apply where the probate issue is part of a bankruptcy proceeding and involves a trust instead of a will.
When billionaire oil tycoon J. Howard Marshall II died, he was survived by his wife of one year, Vickie Lynn Marshall-better known as Anna Nicole Smith. Mr. Marshall's son from a previous marriage, E. Pierce Marshall, became the executor of the elder Marshall's estate and the principal beneficiary of an inter vivos trust, neither of which included Mrs. Marshall. Nevertheless, a legal battle between Mrs. Marshall and E. Pierce over exactly what Mr. Marshall intended for his wife has taken place since Mr. Marshall's death. The case has bounced from a probate court in Texas, to a federal bankruptcy court in California, and now to the Supreme Court of the United States. The issue now before the Court concerns the relationship between federal and state powers, as related to the "probate exception" to federal jurisdiction-namely, when can federal courts, including bankruptcy courts, decide cases involving traditionally state-directed claims in inheritance. The Supreme Court's decision in this case will affect the rights not only of state and federal judicial systems, but also the multitude of individuals throughout the nation planning, managing, and litigating their rights in estates, finances, and the future livelihoods of themselves and their loved ones.
Questions as Framed for the Court by the Parties
1. What is the scope of the probate exception to federal jurisdiction?
2. Did Congress intend the probate exception to apply where a federal court is not asked to probate a will, administer an estate, or otherwise assume control of property in the custody of a state probate court?
3. Did Congress intend the probate exception to apply to cases arising under the Constitution, laws, or treaties of the United States (28 U.S.C. ? 1331), including the Bankruptcy Code (28 U.S.C. ? 1334), or is it limited to cases in which jurisdiction is based on diversity of citizenship?
4. Did Congress intend the probate exception to apply to cases arising out of trusts, or is it limited to cases involving wills?
Vickie Lynn Marshall (known to most of the world as Anna Nicole Smith) married eighty-nine-year-old billionaire oil tycoon J. Howard Marshall II in 1994, shortly before his death. During their fourteen-month marriage, Mr. Marshall provided his wife with numerous cash and personal property gifts worth several million dollars, but for lack of time, desire, or otherwise, never formally provided for her in the disbursement of his estate. Mr.