Civil Procedure Commons^™

Probate Proceedings-Administration Of Decedents' Estates- The Mullane Case And Due Process Of Law, Nolan W. Carson S.Ed.

Michigan Law Review

In a recent decision by the United States Supreme Court, a new chapter has been added to the law on the requisites of notice under the due process clause of the Constitution. This case held that publication of notice prior to a judicial settlement of accounts by the corporate trustee of a common trust fund does not afford due process of law to those beneficiaries with present interests whose addresses are known to the trustee. The court refused to classify the action as in rem or in personam but held that whatever its technical definition, the published notice was not …