the two “real and actual” controversies alleged by the railroad exist so as to allow the declaratory action to proceed. a. Is Genevieve Bohrer’s alleged status as a non-beneficiary an “actual” controversy? No FELA case has been filed against the railroad in regard to Mr. Cain’s death. As of the time of the filing of ICRC’s complaint, the defendants maintain that an estate had not yet been established for the decedent and no personal representative had been named. Thus, it is not clear that a FELA lawsuit will ever be filed against ICRC. What is clear, however, is that, if such a lawsuit was brought, it would be by Mr. Cain’s personal representative, not by the beneficiaries of his estate. See American Railroad Co. of Porto Rico v. Birch, 224 U.S. 547, 32 S.Ct. 603, 56 L.Ed. 879 (1912) (<HOLDING>). If there is any dispute concerning which
holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan holding that the cause of action under fela vests in the personal representative of the estate not in the beneficiaries recognizing the cause of action holding that the allegation that had the united states known of the defective nature of the z shield vests it would not have purchased them for use in the ballistic protection of law enforcement officers sufficient to support the inference that the implied requirement that the vests satisfy their fiveyear warranty was material holding that confirmation vests in the debtor property of the estate not dedicated to the plan