Collins

Appeal from a judgment of dismissal entered by the District Court in an action to quiet title to certain properties and to secure a construction of appellant’s rights. Jurisdiction of the Federal Courts is based upon diversity of citizenship and the requisite jurisdictional amount.

The complaint of plaintiff-appellant alleges, in brief, that 'he is the equitable owner of one-quarter undivided interest as a cestui que trustent and remainderman in the described premises; that the title to said premises is vested in the defendant trustees of the Julia A. Lount estate; that all of said premises were originally a part of the estate of Julia A. Lount, deceased, whose will was filed for probate in the Probate Court of the County of Maricopa, Territory of Arizona, May 22, 1907; that by the formal decree of said Probate Court all of the described premises were distributed according to the terms of the will and this vested title in the defendant, Hattie L. Mosher and William B. Lount as Trustees, in trust, as provided in said will; that August 31, 1924, one of the trustees, William B. Lount, died, and no other trustee has since been appointed; that the plaintiff is the grantee by deed for…