McDonnell v. Jordan

Background

A woman named Mrs. Fennell left a paper offered as her will. One named executor, Walter E. Jordan, filed the paper for probate in Madison County. The decedent’s next of kin, Ada F. McDonnell, formally contested the will, alleging improper signing, lack of mental capacity, fraud, and undue influence, and asked for a jury. A trial in the Probate Court began but ended in a mistrial. Later steps were taken to bring Llewellyn Jordan, the co-executor and sole beneficiary named in the will, into the record, and an order removing the contested case to federal court was entered.

Reasoning

The Court considered whether a contested probate proceeding could be moved to federal court and whether the would-be beneficiary’s removal request was timely. It explained that removal rights belong to defendants and that requests to remove for local prejudice must be filed before or at the first term when the case could be tried. The Court noted that Alabama law requires notice to the widow and next of kin (which was given) and that a beneficiary who waits through a contest and trial activity cannot later invoke removal. Relying on the federal removal rules as previously interpreted, the Court found the removal application untimely and reversed, directing the federal court to send the case back to the Madison County Probate Court.

Real world impact

The ruling makes clear that heirs or beneficiaries cannot wait through state probate contests and then move the case to federal court; they must act promptly. It preserves local probate courts’ role in deciding disputed wills unless removal is sought early. This decision is procedural and does not resolve who wins the underlying dispute over the will.