MULLANE v. CENTRAL HANOVER BANK & TRUST CO.

Procedural Basis: Writ of certiorari reviewing affirmance of order overruling due process objection to service of process in petition for settlement of trust.

Facts: Central Hanover Bank and Trust (P) petitioned for a judicial settlement of a trust and provided notice by publication to all of the beneficiaries.

According to Mullane (D) the trust company should have provided notice by mail since they knew the names/addresses of the beneficiaries.

Issue: Does notice by publication comply with due process when the names/addresses are known?

Rule: Notice by publication fails to comply with due process when the names and addresses of the parties are known.

Analysis:  Mailing notice of the legal proceeding to all of these beneficiaries would not have seriously burdened the estate and Hanover (P) should have done this.  However, with regard to the beneficiaries whose name/address was unknown, notice by publication did comply with due process.

*Case deals with “Reasonably calculated by the circumstances”