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Civil Procedure Keyed to Glannon
Mullane v. Central Hanover Bank & Trust Co.
Citation:
339 US 306 (1950)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Central Hanover Bank & Trust Co. established a common trust fund, which pooled small trust estates into one larger fund, pursuant to provisions of the New York state banking law. The minimum requirements for notice of the creation of the fund under the New York banking law, and the notice provided by Central Hanover Bank & Trust Co., was notice by publication. Mullane, as special guardian appointed to represent the interests of persons who had or might have an interest in the income of the common trust fund, appeared specially after the bank brought a petition for settlement of trust accounts. Mullane complained that notice and statutory provisions for notice to the trust beneficiaries, which permitted notice by publication, did not comport with due process, and that jurisdiction over them was therefore lacking. The New York trial court held that the notice required and given was sufficient. New York’s intermediate appellate court and highest state court (New York Court of Appeals) affirmed.
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