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''Marshall v. Marshall'', 547 U.S. 293 (2006), is a case in which the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that a
federal district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
had equal or
concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the c ...
with state
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...
(
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
) courts over
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
claims under
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. The case drew an unusual amount of interest because the
petitioner {{Unreferenced, date=December 2009 A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. In the courts The petitioner may seek a legal remedy if the state or anot ...
was
Playboy Playmate A Playmate is a female model featured in the centerfold/gatefold of ''Playboy'' magazine as Playmate of the Month (PMOTM). The PMOTM's pictorial includes nude photographs and a centerfold poster, along with a pictorial biography and the "Playm ...
and celebrity
Anna Nicole Smith Anna Nicole Smith (born Vickie Lynn Hogan; November 28, 1967 – February 8, 2007) was an American model, actress, and television personality. Smith started her career as a ''Playboy'' magazine centerfold in May 1992 and won the title of 1993 ...
(whose legal name was Vickie Lynn Marshall). Smith won the case, but unsolved issues regarding her inheritance eventually led to another Supreme Court case, ''
Stern v. Marshall ''Stern v. Marshall'', 564 U.S. 462 (2011), was a United States Supreme Court case in which the Court held that a bankruptcy court, as a non-Article III court (i.e. courts without full judicial independence) lacked constitutional authority under ...
''. She died long before that case was decided.


Background

Twelve years prior to his marriage to Smith, J. Howard Marshall had set up a trust which owned all of his assets and would pass them to various charities and his son E. Pierce Marshall after his death. Smith had claimed that it was J. Howard's intention after marriage to set up a separate trust for her benefit, which would essentially leave her half the appreciation of the assets of the trust during the period of the marriage, but that his son Pierce had interfered with the formation of this separate trust. J. Howard Marshall neither set up a trust in Smith's favor, nor changed the terms of his will to provide for her after his death. However, he did make his existing trust irrevocable soon after his marriage to Smith. As a result, Smith was excluded from J. Howard's estate. She sued in Texas Probate Court for a share of the estate on several grounds, and her litigation was actively opposed by Marshall's son Pierce. The primary ground for the son's opposition was that his father had an extensive estate plan executed over many decades which expressed his clear wishes. Pierce also believed his father had already been quite generous to Smith during the marriage, providing Smith with both expensive gifts and monetary resources. After receiving a default judgment against her for sexual harassment, Smith petitioned for bankruptcy in California. Pierce filed a non-dischargeability claim and proof of claim against Smith based on public statements her lawyers made to the media shortly after her husband died, accusing Pierce of frustrating J. Howard's intentions to set up a new trust for Smith and isolating his father. Pierce alleged these statements were libelous, and he successfully sued Smith's attorneys on the same grounds in Texas State Court. Smith opposed the claims and countersued Pierce on the basis her statements were true and on tort claims she was already pursuing in Texas. The Bankruptcy Court dismissed the libel claim on summary judgment and did not allow the claim to proceed to trial. After being released from bankruptcy, Smith pursued her counterclaim against Pierce, alleging he interfered with his father's intention to set up a trust in favor of Smith. During the Texas Probate proceeding, the Bankruptcy Court awarded Smith $474 million on the basis of a sanction against Pierce, and deemed his interference to have occurred. The Federal District court subsequently vacated the Bankruptcy award and reduced Smith's award to $88 million. However, after a five-month jury trial in Texas, the Probate Court entered a decision that J. Howard Marshall's will and trust were valid, and that his son was the primary beneficiary—rejecting Smith's claim that the son had exerted undue influence on his father, or interfered with any trust for Smith. When the matter came before the 9th Circuit appellate court, it rendered the District Court's decision invalid on jurisdictional grounds, declaring that only Texas Probate Courts had jurisdiction over probate matters. The case was also important since the Supreme Court last reviewed the probate exception in '' Markham v. Allen'', and its analogue, the domestic relations exception, in '' Ankenbrandt v. Richards''. The Bush administration, which wanted to limit exceptions to
federal jurisdiction Federal jurisdiction is the jurisdiction of the federal government in any country that uses federalism. Such a country is known as a Federation. Federal jurisdiction by country All federations, by definition, must have some form of federal juri ...
in state probate related matters, instructed the
United States Solicitor General The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
to submit a brief on the side of the petitioner.


Questions presented

# What is the scope of the probate exception to federal jurisdiction? #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? #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? #Did Congress intend the probate exception to apply to cases arising out of trusts, or is it limited to cases involving wills?


Opinion of the Court

On February 28, 2006, the case was argued. May 1, 2006, the United States Supreme Court unanimously decided the case in favor of Anna Nicole Smith on the question of federal jurisdiction. The Court held that federal courts have jurisdiction to entertain suits to determine the rights of creditors, legatees, heirs, and other claimants relating to an estate, so long as the federal court does not probate a will, administer an estate, take control of assets being administered by the probate court or interfere with the probate proceedings.


Aftermath

Anna Nicole Smith's dispute returned to the Supreme Court again in ''
Stern v. Marshall ''Stern v. Marshall'', 564 U.S. 462 (2011), was a United States Supreme Court case in which the Court held that a bankruptcy court, as a non-Article III court (i.e. courts without full judicial independence) lacked constitutional authority under ...
'' (2011)..


References


External links

* * * * * * * * * * * {{Anna Nicole Smith United States Supreme Court cases United States Supreme Court cases of the Roberts Court United States bankruptcy case law 2006 in United States case law Marshall family United States trusts case law Anna Nicole Smith