William O. Douglas

William O. Douglas

Summary

Portrait of William O. Douglas William O. Douglas Hanson v. Denckla — Dissent

Florida has such a plain and compelling relation to these out-of-state intangibles (cf. Curry v. McCanless, 307 U.S. 357, 59 S.Ct. 900, 83 L.Ed. 1339) , and the nexus between the settlor and trustee is so close, as to give Florida the right to make the controlling determination even without personal service over the trustee and those who claim under it. We must remember this is not a suit to impose liability on the Delaware trustee or on any other absent person. It is merely a suit to determine interests in those intangibles.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Hanson v. Denckla — Dissent

The power of appointment, being integrated with the will, was as much subject to construction and interpretation by the Florida court as the will itself. Of course one not a party or privy to the Florida proceedings is not bound by it and can separately litigate the right to assets in other States. See Riley v. New York Trust Co., 315 U.S. 343, 62 S.Ct. 608, 86 L.Ed. 885; Baker v. Baker, Eccles & Co., 242 U.S. 394, 37 S.Ct. 152, 61 L.Ed. 386. But we have no such situation here. The trustee of the trust was in privity with the deceased. She was the settlor
Source: Wikisource

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