GRINNELL v. Jomvsou. 8
9. Bsmt—Ar.r. on A Sum uusr sn Em·m.m> ro Rsmovsn.
A suit in a state court against citizens of another state, and a citizen of the
state in which the suit is instituted, where the latter is a necessary party, is
not removable to a federal court by the citizens of the sister state.
Motion to Remand to State Court. '
Rosenthal 02 Pence, for complainant.
Williams et Thompson, for defendants.
Bnoponrr, J. This case is now before the court on a motion
to remand it to the circuit court of Cook county, from whence it was ‘
removed by two of the defendants. The suit is a proceeding by an
information Bled upon' the chancery side of the court by the state’s
attorney of Cook county, in the name of the people of the state of
Illinois, charging that Julia Bose Newberry, late of the city of Chi- _
cago, died testate in April, 1876, seized of real and personal property
worth $117 ,000 or over, and without issue, or descendants of issue;
and that by her last will and testament said Julia Bose devised
all her property, both real and personal, to her mother, Julia Butler
Newberry, upon the express condition that, by a will to be made be-
fore receiving such bequest, the mother should bequeath all of said
estate which should remain undisposed of or unspent at the time of
the mother’s death to such charitable institution for women in the
city of Chicago as she, the mother, should select; that the estate of
said Julia Bose came into the hands of her mother, and that in De-
cember last the mother died; that at the time of the death of the
mother the whole of the estate so received from said Julia Rose re-
mained undisposed of and unspent; but thatthe mother never made
a will directing what charitable institution for women in the city of .
Chicago should receive the estate of said Julia so remaining in her
hands. It is further charged that, by the will of Julia Rose, her
estate so remaining undisposed of at the time of the mother's death
was a trust fund dedicated to some charity for women in the city of
Chicago; and praying that the court, by virtue of its supervising cou-
trol over all trusts and charities, take possession of such funds, and ‘
direct what charity for women in the city of Chicago shall receive the
same. It further appears that Mrs. Julia Butler Newberry died tes-
tate, and by her will bequeathed all her real and personal estate to
her brothers, Nicholas Clapp and James Clapp, who are made de-
fendants in the case, and that the defendant, Enos Johnson, as the
agent of Mrs. Julia Butler Newberry, had, at the time the informa-
tion was Bled, the possession of the personal estate, amounting to
over $100,000, which the mother had received from the estate of Ju-
lia Bose.
Nicholas and James Clapp appeared in the state court, and an-
swered, setting up their claim to the property in question under the
will of Mrs. Julia Butler Newberry; and Bled their petition for re-
moval to this court on the ground that they are both citizens of the