This cause has been heard and considered on the record, on the briefs of the contending parties, and on the oral arguments of attorneys representing the parties ;

And it appearing, without dispute, that the appellant administrator and the ap-pellee (defendant) are citizens and residents of the State of Kentucky and were such at the time of the institution of this action and that, therefore, there was no-diversity of citizenship to vest jurisdiction in the district court, see Mecom, Adm’r, v. Fitzsimmons Drilling Company, 284 U. S. 183, 52 S.Ct. 84, 76 L.Ed. 233; and Mason v. Helms, D.C.E.D.S.C., 97 F.Supp. 312;

The judgment of the district court, sustaining appellee’s motion to dismiss for lack of jurisdiction, is hereby affirmed.