Civil Procedure Keyed to Cound
Mullane v. Central Hanover Bank & Trust Co.
ProfessorBrittany L. Raposa
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Facts
Appellee, Central Hanover Bank & Trust, set up common fund pursuant to a New York statute allowing the creation of common funds for distribution of judicial settlement trusts. There were 113 participating trusts. Appellee petitioned for settlement of its first account as common trustee. Some of the beneficiaries were not residents of New York. “Notice” was by publication for four weeks in a local newspaper. Appellee had notified those people by mail that were of full age and sound mind who would be entitled to share in the principal if the interest they held became distributable. Appellant was appointed as special guardian and attorney for all persons known or unknown not otherwise appearing who had or might thereafter have any interest in the income of the common trust fund. Appellee was appointed to represent those interested in the principal. Appellant appeared specially, objecting that notice by publication, permitted under the applicable statute was inadequate to afford the beneficiaries due process under the Fourteenth Amendment and that therefore jurisdiction was lacking.
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