Ancillary Administrator

10 Florida cases classified under this topic · sorted by citation count · browse and sort

• Davis v. Piper Aircraft Corp.
  615 F.2d 606· 4th Cir.· 1980-01-02 ·cited 35×
  The court held that North Carolina law, which requires qualification as a personal representative and filing of a complaint within two years for wrongful death actions, should be applied in federal court, making the action time-barred.
• Miller v. Ely J. Perry, Jr.
  456 F.2d 63· 4th Cir.· 1972-02-09 ·cited 30×
  When state law requires a resident ancillary administrator for a wrongful death action on behalf of non-citizen beneficiaries, the citizenship of the beneficiaries, not the administrator, controls for diversity jurisdiction purposes.
• Vaughan v. S. Ry. Co.
  542 F.2d 641· 4th Cir.· 1976-10-07 ·cited 18×
  The court held that the citizenship of the decedent's local personal representative, required by state law, determines diversity jurisdiction, not the citizenship of the beneficiaries.
• N. Denver Bank v. The United States
  432 F.2d 466· Ct. Cl.· 1970-10-16 ·cited 14×
  The court held that the defendant is entitled to deduct liquidated damages from the amount due under the Chama contract, and that the surety, Great American, is entitled to the full amount due under the Dome contract, conditioned on proof of payment to claimants.
• Messer v. Am. Gems, Inc.
  612 F.2d 1367· 4th Cir.· 1980-01-03 ·cited 10×
  The citizenship of a nominal personal representative, appointed solely to bring a wrongful death action, does not control for diversity jurisdiction purposes; the citizenship of the beneficiaries does.
• Janes v. Sackman Bros. Co.
  177 F.2d 928· 2d Cir.· 1949-11-17 ·cited 10×
  The court held that the plaintiff's wrongful death action was not barred by the statute of limitations, as the applicable limitations period under Michigan law, as incorporated by New York's borrowing statute, allowed for the suit to proceed.
• Briggs v. Pa. R. Co.
  153 F.2d 841· 2d Cir.· 1946-01-07 ·cited 10×
  A domiciliary administrator may sue under the Federal Employers' Liability Act in a state other than the state of domicil, even without ancillary letters.
• Sadler v. NEW Hanover Mem'l Hosp., Inc.
  588 F.2d 914· 4th Cir.· 1978-12-20 ·cited 8×
  The court held that the executrix, not the beneficiaries, is the real party in interest for diversity jurisdiction purposes when she is named in the will before the cause of action arises and manages the entire estate.
• Tessier v. State Farm Mut. Ins. Co.
  458 F.2d 1299· 1st Cir.· 1972-05-01 ·cited 6×
  A federal court in a diversity action cannot create a direct cause of action against an insurer where state law requires a judgment against the insured first.
• Forest Seymour and Bruce M. Seymour v. Johnson
  235 F.2d 181· 6th Cir.· 1956-06-06 ·cited 1×
  The court held that the district court correctly dismissed the wrongful death action because the foreign executors lacked standing under Kentucky law and the amended action was barred by the statute of limitations and destroyed diversity jurisdiction.