## Facts

- James Patrick Creal died after a collision between his automobile and a tractor driven by Jack E. Masters on a road near Troy, Kansas.
- The decedent’s estate representative and an heir brought a Kansas wrongful-death action in federal court, asserting diversity jurisdiction.
- At the time of death, Creal lived in Troy, Kansas, with his wife, kept his personal belongings there, contributed to household expenses, and bought furniture for the Kansas home.
- Creal also maintained multiple formal connections to Missouri, including a Missouri driver’s license and documents (vehicle title/insurance, loan, life-insurance paperwork) listing his mother’s Missouri address; some mail and pay information were sent there, and he visited periodically.
- After Creal’s death, a probate estate was opened in Missouri alleging he resided at his mother’s Missouri address.
- Defendants moved to dismiss under Rule 12(b)(1), making a factual challenge to subject-matter jurisdiction and contesting complete diversity.

## Issues

1. Whether the court had diversity jurisdiction under 28 U.S.C. § 1332 given the parties’ citizenship.
2. Whether Creal was domiciled in Kansas or Missouri at the time of his death, determining the estate’s citizenship.
3. In a factual Rule 12(b)(1) challenge, what evidence the court may consider and which party bears the burden to prove jurisdiction.

## Decision

- The court treated defendants’ motion as a factual attack under Rule 12(b)(1) and considered evidence beyond the pleadings to resolve disputed jurisdictional facts.
- The court held that Creal was domiciled in Kansas at the time of his death based on his physical presence in Kansas and conduct showing intent to remain.
- Because the estate’s citizenship followed Creal’s citizenship, the estate was a Kansas citizen.
- Complete diversity was absent because at least one defendant was also a Kansas citizen.
- The court granted the motion to dismiss for lack of subject-matter jurisdiction.

## Legal Principles

- For diversity jurisdiction, a natural person’s state citizenship is determined by domicile.
- Domicile requires (1) physical presence in a state and (2) intent to remain there.
- The citizenship of an estate for § 1332 purposes is determined by the decedent’s citizenship at death.
- A Rule 12(b)(1) motion may be a factual challenge; in that posture, the court may consider affidavits and other evidence and need not accept jurisdictional allegations as true.
- The party invoking federal jurisdiction bears the burden of proving subject-matter jurisdiction, and doubts are resolved against federal jurisdiction.

## Conclusion

The court dismissed the wrongful-death action because the decedent was domiciled in Kansas at death, making the estate a Kansas citizen and defeating complete diversity under § 1332 in a factual Rule 12(b)(1) jurisdictional challenge.


Hawkins v. Masters Farms, Inc., No. 02-2595-GTV, 2003 WL 21555767 (D. Kan. July 7, 2003)