This case presents a question of jurisdiction concerning the right of the United States circuit court to entertain a certain bill in equity. Frances E. Waterman, wife of Charles A. Crane, a resident of Chicago, in the state of Illinois, and a citizen of that state, joined by her husband, also a citizen of Illinois, brought the suit in the United States circuit court against the Canal-Louisiana Bank & Trust Company, executor of the last will and testament of Caroline Stannard Tilton, Deceased, a citizen of the state of Louisiana and an inhabitant of the eastern district of Louisiana, and also against the Charity Hospital of New Orleans, St. Ann's Asylum, Protestant Episcopal Orphan Asylum, Home for Incurables, Christian Woman's Exchange, State Insane Asylum of Jackson, Louisiana, city of New Orleans, and Louisiana Retreat, conducted by the Society of the Daughters of St. Vincent de Paul, all and each of them being institutions established under the laws of Louisiana, and citizens of the state of Louisiana, and inhabitants of the eastern district of Louisiana; also against Robert Waterman and Frederick Waterman, citizens of the state of Louisiana, and inhabitants of the eastern district thereof. The bill set forth in substance: That Caroline Stannard Tilton, widow of Frederick W. Tilton, late of the city of New Orleans, duly made and published her last will and testament and codicils thereunto annexed, and by said will and codicils said Caroline Stannard Tilton gave and bequeathed to Robert Waterman the sum of $3,000; to the said Robert Waterman and his wife, fifteen premium bonds; to Frederick Waterman, $3,000; to Frederick Tilton Davis, $1,000, and the whole series of No. 5,963 premium bonds. That the said Caroline Stannard Tilton departed this life on or about the 6th of July, 1908; that the Canal-Louisiana Bank & Trust Company, executor in said will named, duly proved the same in the court of probate jurisdiction in and for the parish of Orleans, in the state of Louisiana, and undertook the executorship thereof, and possessed itself of the personal estate and effects to the said testatrix to a very considerable amount, and more than sufficient to discharge her just debts, funeral expenses, and legacies.
The complainant further avers that she is the sole surviving niece, and that Robert and Frederick Waterman and Frederick Tilton Davis are the sole surviving nephews, of said Caroline Stannard Tilton, and that there are no other persons within the nearest degree of kinship of the said testatrix; and that the said Frederick Tilton Davis resides in the state of Alabama, outside of the court's jurisdiction.
She avers that the said Robert Waterman, Frederick Waterman, and Frederick Tilton Davis, legatees in said will, became entitled to have and receive their said respective legacies, and did receive the same, and, accordingly, by receiving said bequests, have renounced the succession of said Caroline Stannard Tilton, deceased, and, by taking said legacies, have renounced all their rights as heirs at law, and are estopped and debarred from claiming any portion of the estate undisposed of, because of certain provisions of the will, which are set forth in the bill.
It is further averred by the complainant that, by reason of the renunciation and estoppel of said legatees, the complainant remains the sole heir at law of Caroline Stannard Tilton, and, as such, is entitled to the shares which would have gone to Frederick and Robert Waterman and Frederick Tilton Davis, of the same degree and collateral line, by right of accretion.