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Carvel v. Carvel Foundation Inc.
Citation: 230 F. App'x 103Docket: No. 06-2083-cv
Court: Court of Appeals for the Second Circuit; August 1, 2007; Federal Appellate Court
Pamela Carvel appeals a District Court judgment that dismissed her attempt to confirm a foreign money judgment against the Estate of Agnes Carvel. The District Court determined it lacked subject matter jurisdiction based on the probate exception, which restricts federal courts from intervening in matters involving the probate or annulment of wills and the administration of estates. The recent Supreme Court decision in *Marshall v. Marshall* clarified that federal courts cannot dispose of property under the jurisdiction of state probate courts. Carvel's action was found to interfere with ongoing proceedings in New York Surrogate’s Court regarding the Estate's assets, thus falling under the probate exception. All arguments presented by Carvel on appeal were deemed without merit. The judgment of the District Court is affirmed.