Unformatted text preview: range. Also, the newspaper they did publish it in, only consisted of the trust name. There was nothing to really catch the eyes of the beneficiaries. The company also sent out a letter after the super fund was established. This means that they had the ability to send it out to everyone personally, but they just did not. Even though this wasn’t required, this could have solved the problem. The court held that everyone has a right to know where their property is going, so although notice doesn’t have to reach everyone, they have to reasonable reach a portion of the people. Holding: There publication in a local newspaper without any way for a person to know their properties is going to be affected, is an inadequate publication notice, which violates due process. (Holding only effects people living outside of NY?) Synthesis: Dissent/Concurrences:...
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- Fall '11
- U.S. state, Trust law, Central Hanover Bank & Trust Co