This section contains the nature of the case and procedural background.

Charles T. Pinel died June 26, 1888, possessed in fee simple of a tract of land and leaving a last will and testament which was afterward duly admitted to probate. Charles left a widow and nine children, one of whom is since deceased. Charles left his entire estate to the Ds, failing to provide for 3 of his children, two of which are Ps. Ps alleged that their omission from the will was not intentional on the part of the said Charles but was made by a mistake or accident. The laws of the State of Michigan provide that when any testator shall omit to provide in his will for any of his children, and it shall appear that such omission was not intentional and was made by mistake or accident, such child shall have the same share in the estate of the testator as if he had died intestate. Herman (P) is entitled to an undivided one-eighth interest, and Sarah (P) to an undivided two-eighths interest because a brother had assigned his interest to her. Each one-eighth interest was worth $1500 or a total aggregate of $4500. P sued in federal court claiming in excess of $4500 combined, well above the $3000 amount in controversy requirement. The court dismissed the action because Ps could not combine their separate claims. Ps appealed.

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