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Civil Procedure Keyed to Subrin
Mullane v. Central Hanover Bank & Trust Co.
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
Defendant established a common trust fund in January, 1946. A total of 113 trusts participated in the common trust fund. Some were not residents of the state of New York. In March 1947, Defendant petitioned New York’s Surrogate’s Court for settlement of its first account as common trustee. The only notice given beneficiaries of Defendant’s application was by publication in a local New York newspaper, which set forth merely the name and address of the trust company, the name and the date of establishment of the common trust fund, and a list of all participating estates, trusts or funds. Plaintiff Mullane made a special appearance, alleging that notice and the statutory provisions for notice to beneficiaries were inadequate, and thus that the court was unable to render a binding decree.
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