February 19, 2016

Hanson v. Denckla | Case Brief Law Student - 357 U.S. 235, 78 S.Ct. 1228 2 L.Ed.2d 1283 (1958) - US Supreme Court

FACTS: Dora Donnor had a trust in Delaware.  The trustee also lived in Delaware.  She then moved to Florida and continued to receive disbursement from the trust.  When she died she allocated $400,000 to two of one daughter's children and split $1Mil between the other two daughters. 

PROCEDURAL HISTORY: Florida ruled in favor of the two sister's contesting the allocation to the daughter's.  DW ruled that they couldn't.

ISSUE: Did Florida have ”in rem" jurisdiction?


RATIONALE: Under Florida law the trustee is an indispensable party to the Florida suit and there was no jurisdiction over the trustee.

DISPOSITION: Property should pass to the two children.