McKinney v. Aldridge

Filing 5

MEMORANDUM OPINION re 4 Final Judgment Dismissing Case. Signed by Michael P. Mills on 6/10/2011. (lpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
GRADY MCKINNEY

PLAINTIFF

v.

No. 3:11CV70-M-A

ANNETTE ALDRIDGE, ET AL.

DEFENDANTS

MEMORANDUM OPINION
This matter comes before the court on the pro se complaint of Grady McKinney, who
alleges that the defendants fraudulently converted part of the estate of the plaintiff’s deceased
father, Nathaniel McKinney. The plaintiff is the administrator of his father’s estate and seeks
damages in the amount the defendants allegedly converted.
Federal courts are courts of limited jurisdiction. Save the Bay, Inc. v. United States Army,
639 F.2d 1100 (5th Cir. 1981). All federal courts may, sua sponte, raise the issue of subject
matter jurisdiction at any time. Johnston v. United States, 85 F.3d 217 (5th Cir. 1996). Both the
plaintiff and the identified defendant to this action are residents of Mississippi. Moreover,
deciding the issues in the present case would place the court in the position of probating the will
or administering the estate, including claims involving fraud upon the estate, of Nathaniel
McKinney. Federal courts do not, however, have the power to do so. “[A] federal court has no
jurisdiction to probate a will or administer an estate, the reason being that the equity jurisdiction
conferred by the Judiciary Act of 1789, 1 Stat. 73, and s 24(1) of the Judicial Code, which is that
of the English Court of Chancery in 1789, did not extend to probate matters.” Markham v. Allen,
326 U.S. 490, 494, 66 S.Ct. 296, 298 (1946). As such, the instant case will be dismissed for
want of subject matter jurisdiction – without prejudice to the plaintiff’s ability to seek relief in

the Chancery Courts of the State of Mississippi. A final judgment consistent with this opinion
will issue today.
SO ORDERED, this the 10th day of June, 2011.
/s/ MICHAEL P. MILLS
CHIEF JUDGE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI