Although this is a close question, this contention of plaintiffs is rejected for these reasons:
A. The District of Massachusetts is a District where Congress designated litigation of this type might be brought.
The appropriate Congressional Title of the United States Code (Title 28 covering 'Judiciary and Judicial Procedure') provides in Chapter 85 (District Courts; Jurisdiction) at Section 1332(a) and in Chapter 87 (District Courts; Venue) at Sections 1391(a) and (c) and 1402(b) for institution of these actions in the District of Massachusetts.
In determining where a suit might have been brought, the dissenting opinion in Paramount Pictures v. Rodney, 186 F.2d 111, 116 (3rd Cir. 1951), which was quoted with approval in Hoffman v. Blaski, supra, 363 U.S. at 343, 80 S. Ct. at 1089, states:
'The district judge * * * had to decide whether the Northern District of Texas was a place where the suits 'might have been brought'. A reasonable and obvious way of determining this was to see whether Congress in some other statute had designated the places where litigation of this sort might be brought.
'This background suggests that proper venue in more than one forum is the limiting context of the Code revision and that within this context Section 1404(a) substitutes a broad power of transfer for a more restricted pre-existing power of dismissal. Plaintiffs are prevented from abusing their normal privilege of choice among districts of proper venue. At the same time, courts are directed to respect the legislative enumeration of places which Congress has deemed appropriate for the trial of various types of litigation.' (pp. 116 and 118).
B. A 'common-sense approach' in interpreting Section 1404(a) of Title 28 to accomplish its purposes requires a construction that these cases 'might have been brought' in the District of Massachusetts. See Continental Grain Co. v. Barge FBL-585, supra.
For the reasons stated above, it is 'in the interest of justice' and 'for the convenience of * * * witnesses' that these actions be transferred to the District of Massachusetts. Under such circumstances, legal fictions such as the state which has authorized a personal representative to act should not be a basis for rejecting the use of 28 U.S.C.A. § 1404(a). See Continental Grain Co. v. Barge FBL-585, supra, 364 U.S. at 22-24, 80 S. Ct. at 1472, 1473. In distinguishing Hoffman v. Blaski, supra, the court said at page 22 of 364 U.S., at page 1472 of 80 S. Ct. of the Barge FBL-585 case:
'Those cases involved transfers in which the plaintiffs filing the suits would have had no right whatever to proceed orginally against the defendants on the 'civil actions' in the District Courts to which transfer was sought without the defendants' consent. But in this case there was admittedly a right on the part of the grain company to subject the owner of the barge, with or without its consent, to a 'civil action' in Memphis at the time the New Orleans action was brought.'
In applying 28 U.S.C.A. § 1404(a), courts do not consider all the defenses which might have been, or be, raised in the transferee forum and decide whether an action might have been successfully brought there.
See Greve v. Gibraltar Enterprises, supra, 85 F.Supp. at 412-413; cf. Ackert v. Pelt Bryan, 299 F.2d 65, (2nd Cir. 1962).
The defendants, by requesting these transfers, will be estopped from objecting to the capacity of the personal representative plaintiffs to proceed in these actions. See Greve v. Gibraltar Enterprises, supra, 85 F.Supp. at 414.