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60 Probate & ProPerty j January/February 2009 Until the U.S. Supreme Court’s decision in Marshall v. Marshall, the probate exception to federal jurisdiction perplexed many federal courts and probate practitioneers Indeed, before Marshall, the extent to which the probate exception barred U.S. courts from presiding over cases involviin estates was unclear. This article discusses the Marshall decision and explains how its progeny have developed in the federal circuit courts throughout the country...