What action should the federal judge hearing the suit take

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Reference no: EM133353886

Assignment:

X, shortly before dying, signed a contract in which he promised to leave P $100,000 in his will, in consideration for services performed for him by P. X then died, and his will did not mention P. P has brought a federal court diversity action against D1 (X's estate), seeking to enforce this contract to make a will. P's suit does not list as defendants D2 and D3 (X's children, who are his beneficiaries under the will). Neither P nor D1 seems troubled by the absence from the suit of D2 and D3.

Assuming that D2 and D3 can be subjected to the personal jurisdiction of the federal court, and that they are not citizens of the same state as P, what if any action should the federal judge hearing the suit take?

Please insure to identify the applicable FRCP and provide a clear IRAC outline for the response.

Reference no: EM133353886

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