HIRAM CHURCH FORD, Senior District Judge.
The complaint in this case rests the claim of plaintiff, William J. Powers, Jr., for damages against the Directors and a Trust Officer of the defendant, Citizens Union National Bank and Trust Company, on the ground that they failed to exercise due care to ascertain that at the time of the appointment of the defendant bank as Committee for the plaintiff on August 24, 1949, he was a citizen of the State of Illinois and had his legal domicile in that state; and rests a claim for damages against the defendant, Citizens Union National Bank and Trust Company, on the same ground; and on the further ground that the order appointing the bank as Committee was void because of lack of due process of law contrary to the Fourteenth Amendment of the Constitution of the United States, in that the plaintiff has never appeared in that court nor consented to any exercise of jurisdiction over his person or property by that court, claiming therefore he is entitled to recover funds held by the bank as such Committee..
[618]*618The defendants made a motion to dismiss the complaint for failure to state a claim against either the directors of the bank, against the bank or its Trust Officer upon which relief can be granted. It being made to appear in the record that matters outside the pleading were presented to and not excluded by the court, an order was entered providing that the motion be treated as one for summary judgment and disposed of as provided in Rule 56. Rule 12(b) Federal Rules of Civil Procedure.
In Hines v. Stein, 298 U.S. 94, 98, 56 S.Ct. 699, 701, 80 L.Ed. 1063, it is said:
“During many years, Congress has recognized the propriety, if not the necessity, of entrusting the custody and management of funds belonging to incompetent pensioners to fiduciaries appointed by state courts, without seeking to limit judicial power in respect to them.”
Nothing brought to the attention of the Court would justify the view that Congress intended to deprive State Courts of such jurisdiction.
The proceedings taken and orders entered herein were pursuant to Statutes of Kentucky, the material portions of which are set out in the margin.1
In Chaloner v. Sherman, 242 U.S. 455, 37 S.Ct. 136, 61 L.Ed. 427, the plaintiff sought damages from his Committee for [619]*619withholding securities and moneys belonging to him, by virtue of two orders of the Supreme Court of New York appointing the defendant as committee of the person and estate of the plaintiff, an incompetent to manage himself or his [620]*620affairs, and the Court, after pointing out that the plaintiff in that case was a citizen and resident of Virginia and the defendant a citizen and resident of New York, said:
“ * * * The complaint alleged also that the orders of the Supreme Court of New York upon which defendant relies are void as having been entered without due process of law in violation of the Federal Constitution. The contention was insisted upon in both the lower courts. This court has, therefore, jurisdiction to review the whole case.”
[621]*621In reviewing the records of the Circuit Court and County Court of Fayette County, Kentucky, I find the facts to be as follows:
An affidavit bearing date May 15,1947, was filed in the Fayette Circuit Court by Dr. C. E. Schwartz, Ward Physician, and Dr. S. R. Baker, Clinical Director of the Veterans Administration Hospital at Lexington, Kentucky, stating that
“ * * * William J. Powers has been a patient at the Veterans Administration Hospital, Lexington Kentucky, since May 4,1947. At the present time he is considered psychotic (insane), which renders him incompetent to manage his own affairs, and requires supervision and control for his own welfare.
“This statement is based on our knowledge of the condition of William J. Powers as a result of our examination and observation of him during the time he has been a patient at this hospital.
“This certificate is made as a matter of providing the court of jurisdiction with information regarding his incompetency in order that his need for commitment and the appointment of a committee may be properly inquired into.
“Because of the mental and physical condition of William J. Powers it is not believed that it would be advisable for him to appear in court at this time.”
This was followed by a petition dated May 17, 1947, of Dr. L. H. Mulligan filed in the Fayette Circuit Court asserting that petitioner had information that William J. Powers, Jr., was a person of unsound mind, and asking that an inquest be held to pass upon the subject matter of the petition. (KRS § 202.020, § 202.030). On the same date, the Court appointed Dr. L. H. Mulligan and Dr. T. H. Shannon, physicians, to examine Powers and to certify to the Court their findings in the case. (KRS § 202.100).
On June 5, 1947, a summons was duly issued by the Clerk of the Circuit Court commanding that William J. Powers, Jr., answer the petition filed against him in the Fayette Circuit Court for the purpose of inquiring into the question as to whether he is a person of sound or unsound mind and gave notice to him that [622]*622the said hearing is set for 10 A.M., on the 9th day of June 1947; and also commanded that F. M. Cook, M.D., Manager of U.S. Veterans Administration Hospital, “the person having custody of said defendant or residing with said defendant” and notified him to appear with the defendant at the time and place stated in the summons. This summons was duly returned bearing the following endorsement on the back thereof, and signed Ernest Thompson, Sheriff of Fayette County, by O. S. Mauser, Deputy Sheriff:
“Executed June 6,1947, the within summons on William J. Powers, confined in the U. S. Veterans Hospital, by delivering a true copy thereof to the said William J. Powers and also on June 6, 1947 by delivering to Dr. F. M. Cook, manager of the U. S. Veterans Hospital, and the person having charge of the said William J. Powers, a true copy of the within summons.” (KRS § 202.060).
On June 9, 1947, the report of Dr. L. H. Mulligan and Dr. T. H. Shannon was filed stating as follows:
“We, the undersigned, have examined the said defendant within the three days just prior to the date of this certificate; that in our judgment he is an insane person, and requires supervision and control for his own welfare, which can best be provided by commitment to Veterans Administration Hospital. That the foregoing opinion is based upon the following facts and circumstances Dementia Praecox.”
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HIRAM CHURCH FORD, Senior District Judge.
The complaint in this case rests the claim of plaintiff, William J. Powers, Jr., for damages against the Directors and a Trust Officer of the defendant, Citizens Union National Bank and Trust Company, on the ground that they failed to exercise due care to ascertain that at the time of the appointment of the defendant bank as Committee for the plaintiff on August 24, 1949, he was a citizen of the State of Illinois and had his legal domicile in that state; and rests a claim for damages against the defendant, Citizens Union National Bank and Trust Company, on the same ground; and on the further ground that the order appointing the bank as Committee was void because of lack of due process of law contrary to the Fourteenth Amendment of the Constitution of the United States, in that the plaintiff has never appeared in that court nor consented to any exercise of jurisdiction over his person or property by that court, claiming therefore he is entitled to recover funds held by the bank as such Committee..
[618]*618The defendants made a motion to dismiss the complaint for failure to state a claim against either the directors of the bank, against the bank or its Trust Officer upon which relief can be granted. It being made to appear in the record that matters outside the pleading were presented to and not excluded by the court, an order was entered providing that the motion be treated as one for summary judgment and disposed of as provided in Rule 56. Rule 12(b) Federal Rules of Civil Procedure.
In Hines v. Stein, 298 U.S. 94, 98, 56 S.Ct. 699, 701, 80 L.Ed. 1063, it is said:
“During many years, Congress has recognized the propriety, if not the necessity, of entrusting the custody and management of funds belonging to incompetent pensioners to fiduciaries appointed by state courts, without seeking to limit judicial power in respect to them.”
Nothing brought to the attention of the Court would justify the view that Congress intended to deprive State Courts of such jurisdiction.
The proceedings taken and orders entered herein were pursuant to Statutes of Kentucky, the material portions of which are set out in the margin.1
In Chaloner v. Sherman, 242 U.S. 455, 37 S.Ct. 136, 61 L.Ed. 427, the plaintiff sought damages from his Committee for [619]*619withholding securities and moneys belonging to him, by virtue of two orders of the Supreme Court of New York appointing the defendant as committee of the person and estate of the plaintiff, an incompetent to manage himself or his [620]*620affairs, and the Court, after pointing out that the plaintiff in that case was a citizen and resident of Virginia and the defendant a citizen and resident of New York, said:
“ * * * The complaint alleged also that the orders of the Supreme Court of New York upon which defendant relies are void as having been entered without due process of law in violation of the Federal Constitution. The contention was insisted upon in both the lower courts. This court has, therefore, jurisdiction to review the whole case.”
[621]*621In reviewing the records of the Circuit Court and County Court of Fayette County, Kentucky, I find the facts to be as follows:
An affidavit bearing date May 15,1947, was filed in the Fayette Circuit Court by Dr. C. E. Schwartz, Ward Physician, and Dr. S. R. Baker, Clinical Director of the Veterans Administration Hospital at Lexington, Kentucky, stating that
“ * * * William J. Powers has been a patient at the Veterans Administration Hospital, Lexington Kentucky, since May 4,1947. At the present time he is considered psychotic (insane), which renders him incompetent to manage his own affairs, and requires supervision and control for his own welfare.
“This statement is based on our knowledge of the condition of William J. Powers as a result of our examination and observation of him during the time he has been a patient at this hospital.
“This certificate is made as a matter of providing the court of jurisdiction with information regarding his incompetency in order that his need for commitment and the appointment of a committee may be properly inquired into.
“Because of the mental and physical condition of William J. Powers it is not believed that it would be advisable for him to appear in court at this time.”
This was followed by a petition dated May 17, 1947, of Dr. L. H. Mulligan filed in the Fayette Circuit Court asserting that petitioner had information that William J. Powers, Jr., was a person of unsound mind, and asking that an inquest be held to pass upon the subject matter of the petition. (KRS § 202.020, § 202.030). On the same date, the Court appointed Dr. L. H. Mulligan and Dr. T. H. Shannon, physicians, to examine Powers and to certify to the Court their findings in the case. (KRS § 202.100).
On June 5, 1947, a summons was duly issued by the Clerk of the Circuit Court commanding that William J. Powers, Jr., answer the petition filed against him in the Fayette Circuit Court for the purpose of inquiring into the question as to whether he is a person of sound or unsound mind and gave notice to him that [622]*622the said hearing is set for 10 A.M., on the 9th day of June 1947; and also commanded that F. M. Cook, M.D., Manager of U.S. Veterans Administration Hospital, “the person having custody of said defendant or residing with said defendant” and notified him to appear with the defendant at the time and place stated in the summons. This summons was duly returned bearing the following endorsement on the back thereof, and signed Ernest Thompson, Sheriff of Fayette County, by O. S. Mauser, Deputy Sheriff:
“Executed June 6,1947, the within summons on William J. Powers, confined in the U. S. Veterans Hospital, by delivering a true copy thereof to the said William J. Powers and also on June 6, 1947 by delivering to Dr. F. M. Cook, manager of the U. S. Veterans Hospital, and the person having charge of the said William J. Powers, a true copy of the within summons.” (KRS § 202.060).
On June 9, 1947, the report of Dr. L. H. Mulligan and Dr. T. H. Shannon was filed stating as follows:
“We, the undersigned, have examined the said defendant within the three days just prior to the date of this certificate; that in our judgment he is an insane person, and requires supervision and control for his own welfare, which can best be provided by commitment to Veterans Administration Hospital. That the foregoing opinion is based upon the following facts and circumstances Dementia Praecox.”
After appointing counsel to represent Powers, the Court held an inquest on June 9, 1947 (KRS § 202.070), submitted evidence to a jury which, after being duly impaneled and sworn, returned the following verdict:
“We, the jury, find from the evidence that the defendant is a person of unsound mind and a lunatic. That the unsoundness of mind has existed several years, that he was born in Chicago, Illinois, and resides in Fayette County, Ky., and is 30 years of age, that he owns no estate of any kind, that his father is Dead and mother is living and she resides in Chicago, Illinois, and has not estate sufficient to support the person under trial, and that he is not capable of laboring for self-support; that he is married.”
Thereupon, the Court entered the following judgment:
“Wherefore, it is adjudged by the Court that said Wm. J. Powers, Jr., is a person of unsound mind and . mentally ill, and that he be committed to U. S. Veterans Administration Hospital.”
Signed by Chester D. Adams, Judge Fayette Circuit Court.
The judgment of the Circuit Court was certified to the Fayette County Court.
Subsequent to this finding and commitment, Mrs. Marian R. Powers, wife of William J. Powers, Jr., filed her petition in the Fayette County Court stating in substance that it is necessary for a Committee to be appointed for her husband, William J. Powers, Jr., whose personal estate to be administered consists of $150.00 “monthly benefits”, and she asked to be appointed as such Committee (see Exhibit 2 filed with deposition of Mrs. Bonnie Milbourn, Deputy Clerk, Fayette County Court), and on July 26, 1947, the County Court made the following order (KRS § 387.210):
“It appearing to the Court that William J. Powers, Jr., was adjudged to be an incompetent person by the Fayette Circuit Court on June 9th, 1947, a copy of said inquest being filed herewith; it is ordered by the Court that Marian R. Powers be, and she is hereby appointed Committee for the said William J. Powers, Jr., an incompetent.
“Whereupon, the said Marian R. Powers appeared and qualified as Committee aforesaid, by taking the oath prescribed by law and entered into bond in the penal sum of Two Thousand ($2,000.00) Dollars with the Fidelity and Deposit Company [623]*623of Maryland as surety, all of which is approved by the Court.”
Mrs. Powers continued as Committee for her husband until August 24, 1949, when she tendered her resignation, filed her final accounting, and petitioned for the appointment of a successor Committee for her husband, William J. Powers, Jr., and stated, in substance, that he was entitled to receive Officers’ Retirement pay from the Veterans Administration in the amount of $157.50 per month, and that the amount of his estate in the hands of the Committee was $430.67 cash on deposit in bank and U. S. Government bonds in the amount of $618.75. She further stated that the appointment of her successor was a condition precedent to the payment of her husband’s retirement benefits. (See Milbourn Exhibit 9 filed with the deposition of Mrs. Bonnie Milbourn, Deputy County Clerk). The Court, acting upon this petition, entered the following order:
“IT IS ORDERED and ADJUDGED that the Citizens Bank and Trust Company, Lexington, Kentucky, be and it is hereby appointed as Committee for William J. Powers, Jr., and that the bond of said Committee be fixed in the amount of Three Thousand Dollars ($3,000.00).
“Thereupon appeared the Citizens Bank and Trust Company, by said Trust Officer, Paul Slaton, and executed bond in the penal sum of Three Thousand Dollars ($3,000.00) with its capital stock as surety which bond was examined and approved by the Court and the Committee having taken the oath as required under law is now empowered to perform all duties and acts as committee for William J. Powers, Jr.”
Subsequent to the above order, the name of the Citizens Bank and Trust Company has been changed to Citizens Union National Bank and Trust Company.
I am of the opinion that the above proceedings were in all material respects in conformity with the statutory provisions of Kentucky governing such matters. Mr. Powers was not personally present at the inquest for it was shown by the affidavit of Dr. Schwartz and Dr. Baker, staff physicians of the institution where Mr. Powers was confined, that he was mentally ill and mentally defective and it would be unwise to brine: him into court (KRS § 202.130).
The above proceedings vested jurisdiction in the Fayette Circuit Court of Fayette County, Ky., to hold the inquest and render the judgment above set out; vested in the County Court of Fayette County, Ky., jurisdiction to appoint Mrs. Powers as Committee for her husband as hereinabove set out, and vested jurisdiction in the County Court to appoint the defendant, Citizens Union National Bank and Trust Company (formerly Citizens Bank and Trust Company) as Committee for Mr. Powers as successor to Mrs. Powers.
It seems quite clear that the acceptance of the resignation of Mrs. Powers as Committee for her husband and the appointment of the bank as her successor, although made without notice to Mr. Powers, was a mere substitution of one officer of the Court for another. No substantial right of Mr. Powers was affected and due process does not require notice and opportunity to be heard in such a proceeding. The essentials of due process of the law were met. The orders entered as above set out are not void. They are not subject to this collateral attack. Chaloner v. Sherman, supra.
It is not asserted in the complaint that any of the above mentioned orders or proceedings were entered corruptly or fraudulently, nor is it asserted therein that at the time of the inquest Mr. Powers was not a person of unsound mind, or that he was not in the deranged mental condition described in the affidavits of the examining physicians, or that he was not incapable of managing himself and his estate. There is no showing that any action was ever taken to have the State Court declare or adjudge plaintiff re[624]*624stored to his right mind or to competency to handle his estate under KRS § 202.290, § 388.340.
In respect to the claims asserted in the complaint charging that the Directors of the defendant bank failed to exercise due care to ascertain that Mr. Powers was legally domiciled in the State of Illinois, they involved an irrelevant and immaterial matter, since under KRS § 202.030 the inquest proceedings related only to “a person in the county”, and similar proceedings under KRS § 388.250 related only to a mentally incompetent beneficiary of the Veterans Administration who is found within this state, whether or not a resident thereof. It is undisputed that at the time of the inquest Mr. Powers was in the Veterans Administration Hospital at Lexington, Kentucky. Neither the bank, nor its directors or trust officer, were under any duty to inquire as to his claimed domicile elsewhere.
For the reasons indicated, the motion to dismiss such claims against the Directors of the Bank and Paul Slaton, its Trust Officer, should be sustained for failure to state a claim upon which relief can be granted.
In respect to all other charges against the defendants, I am of the opinion that this action constitutes a collateral attack upon the judgment of the State Court. Even if any of the orders ought to be set aside, the remedy must be sought by a direct proceeding in the State Court as provided by KRS § 202.-290, § 388.340, or by other appropriate proceedings to that end. Chaloner v. Sherman, 242 U.S. 455, 461-2, 37 S.Ct. 136, 61 L.Ed. 427, Simon v. Craft, 182 U.S. 427, 21 S.Ct. 836, 45 L.Ed. 1165.
For the reasons indicated, the motion of the defendants for summary judgment should be sustained and this case should be dismissed for lack of Federal jurisdiction.
Counsel for defendants will prepare, serve and submit for entry an order in conformity herewith.