Putnam

Josephine Phelps Putnam, a daughter of William Howe Phelps, deceased, and a bene *59 ficiary of the testamentary trust created by the will of the deceased, brings this suit against appellee, Citizens’ National Trust & Savings Bank of Los Angeles, executor of his estate, charging that appellee had fraudulently and unlawfully commingled other assets with the assets of the estate in such a way that only by an accounting in equity could the assets of the estate be marshaled, and for damages. The appeal is from a decree of dismissal on appellee’s motion to •dismiss and presents the issues: First, lack of jurisdiction of the subject-matter of the bill; and, second, failure of the bill to state a cause of action, and for want of equity.

Jurisdiction of the federal court is predicated upon the theory of extrinsic fraud in obtaining an alleged erroneous order of the state superior court by appellee as executor in settling its first account current. The inquiry then is: Do the facts presented by the bill present a case of extrinsic fraud within the' rule conferring jurisdiction of the federal court of the subject-matter involved ? The relief prayed for in the bill relates to the probate…