50 FEDERAL REPORTER.
the plaintin`, and the said James H. Hunt, administrator, and the said
Adeline E. Reed, were, atthe time of the filing of the petition in court
of common pleas, and time of removal petition filed, citizens and res-
idents of the state of Ohio; (5) that there is no separate controversy
between the plaintiff and Harriet A. Butler Reed, asset out in the peti-
tion to remove; (6) that it does not appear that_ the matter in dispute
exceeds thesum of $2,000, exclusive of interest and costs.
The petition in the state court was fled under the provisions of stat-
utes of the state of Ohio, which are as follows:
Section 5858 ofthe Revised Statutes provides that "a person inter-
ested in a will or codicil, admitted to probate in the probate court, or
S court of common pleas on appeal, ·may contest the validity thereof in a
civil action in the court of common pleas of the county in which the
Z probate was had."   _ `   ~
"Sec. 5859. All the deviseesylegatees, and heirs of the testator, and
other interested persons, including the executor or administrator, must
be made parties to the action. A .
· "Sec. 5860. Upon the Bling of the petition, the clerk shall certify
that fact to the probate court in which the will is recorded, and the pro-
, bate judge shall proceed as provided in title two. »
"Sec. 5861. , An issue shall be made up. either in the pleadings or
by an order on the journal, whether the writing produced is the last will
or codicil of the testator or not, which shall be tried by a jury, theiver-
s dict shall beconclusive, and the oourtshall enter judgment thereon.”·
And the other sections provide as. to the mode of conducting the trial
and testimonylto be used. .. , - j , ·
Section 5935, alluded to as "`title two," provides that, "whenever the
probate court shall receive from the clerk of the court of common pleas
a certificate that a· petition hasbeenhled in the court of common pleas
to contest the validity of any will, * * * the probate court shall
forthwith transmit to the court of common pleas thewill, testimony, and
· all the papers relating thereto,_with acopy of the order of probate; * * *
_ and a copy of thetinal judgment on such contest shall be certified by
the clerk of the court of common pleas to the probate court, and the said
clerk shall transmit to the probate court the will and other papers trans-
mitted as aforesaid to the common pleas; and the same shall be deposited
and remain in the probate court.? _ , .
In the view taken of the questions raised on the motion to remand, it
’ will only be necessary to consider the second and third grounds stated;
V U that is, that this court has no original jurisdiction of the controversy in-
volved in the case, and it is therefore not removable ; and the fourth and
fifth grounds, to·wit, residence of parties, and separate controversy.
The first section of the act of third of March, 1887, provides that
_ " the circuit courts of the United States shall have original cognizance,
concurrent with the courts of the several states, of all suits of a civil
nature, at common law or in equity,where`the matter in dispute exceeds,
exclusive of interest and costs, the sum or value of two thousand dol- `
lars, *   * in which there shall be a controversy between citizens