Id at 33031 presumably the comment is not meant to

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the case as a garnishee.” Id. at 330–31. Presumably, the comment is not meant to undermine the validity of such direct-action statutes, which was upheld in Watson v. Employers Liability Assurance Corp., 348 U.S. 66 (1954), a choice-of-law case rather than a jurisdiction case. 988 See O’Conner v. Lee-Hy Paving Corp., 579 F.2d 194 (2d Cir. 1978), cert. de- nied , 439 U.S. 1034 (1978). 989 Goodrich v. Ferris, 214 U.S. 71, 80 (1909); McCaughey v. Lyall, 224 U.S. 558 (1912). 990 Baker v. Baker, Eccles & Co., 242 U.S. 394 (1917); Riley v. New York Trust Co., 315 U.S. 343 (1942). 991 315 U.S. at 353. 992 357 U.S. 235 (1957). 993 The in personam aspect of this decision is considered supra . 994 She reserved the power to appoint the remainder, after her reserved life es- tate, either by testamentary disposition or by inter vivos instrument. After she moved to Florida, she executed a new will and a new power of appointment under the trust, which did not satisfy the requirements for testamentary disposition under Florida law. Upon her death, dispute arose as to whether the property passed pursuant to the terms of the power of appointment or in accordance with the residuary clause of the will. 995 357 U.S. at 246. 2014 AMENDMENT 14—RIGHTS GUARANTEED
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assets that were the subject of the suit were located in Delaware and thus the Florida courts had no in rem jurisdiction. The Court did not expressly consider whether the International Shoe test should apply to such in rem jurisdiction, as it has now held it generally must, but it did briefly consider whether Florida’s interests arising from its authority to probate and construe the domiciliary’s will, under which the foreign assets might pass, were a sufficient basis of in rem jurisdiction and decided they were not. 996 The effect of International Shoe in this area is still to be discerned. The reasoning of the Pennoyer 997 rule, that seizure of property and publication was sufficient to give notice to nonresidents or ab- sent defendants, has also been applied in proceedings for the forfei- ture of abandoned property. If all known claimants were personally served and all claimants who were unknown or nonresident were given constructive notice by publication, judgments in these proceed- ings were held binding on all. 998 But, in Mullane v. Central Hanover Bank & Trust Co. , 999 the Court, while declining to characterize the proceeding as in rem or in personam , held that a bank managing a common trust fund in favor of nonresident as well as resident ben- eficiaries could not obtain a judicial settlement of accounts if the only notice was publication in a local paper. Although such notice by publication was sufficient as to beneficiaries whose interests or addresses were unknown to the bank, the Court held that it was feasible to make serious efforts to notify residents and nonresi- dents whose whereabouts were known, such as by mailing notice to the addresses on record with the bank.
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