Also known as: reasonably ascertainable injury · reasonably ascertainable damages · ascertainable
Written by attorneys — see sources below.
A fact, identity, or location that can be discovered through reasonable inquiry or diligence without undue effort or expense. The concept requires only that the information be capable of identification by ordinary means available to the party charged with locating it.
Raymond Ramos creates a trust to maintain a historic garden open to the public. No individual beneficiary is named. The trustee must still provide mail notice to any potential claimants whose identities are reasonably ascertainable from public records before terminating the trust after twenty-one years.
Raphael Rivera and Rita Russell sign an agreement to develop waterfront property. Their principal purpose to create residential units is ascertainable from surrounding circumstances. That purpose receives great weight when a later dispute arises over ambiguous language in the writing.
Ronald Reed serves as executor of an estate with numerous beneficiaries. The names and addresses of several beneficiaries are known or reasonably ascertainable from estate records. Due process requires that those beneficiaries receive notice by mail rather than publication alone.
Regina Robinson serves as trustee of a discretionary trust for her niece. The trust instrument limits distributions to an ascertainable standard relating to the niece's health, education, support, or maintenance. The limitation follows the definition tied to the Internal Revenue Code sections referenced in the statute.
Robert Rivera holds a presently exercisable power to withdraw trust assets. The power is not limited by an ascertainable standard and is not subject to the consent of an adverse party. The power therefore qualifies as a general power of appointment under the statutory definition.
Riverfront Developments holds an unsecured claim against a decedent's estate. The estate knows the company's name and address from prior dealings. Due process requires actual notice to the company of the probate proceeding because its identity and location are reasonably ascertainable.
In November 1978, H. Everett Pope, Jr., was admitted to St. John Medical Center, a hospital in Tulsa, Oklahoma. On April 2, 1979, while still at the hospital, he died testate. His wife, appellee JoAnne Pope, initiated probate proceedings in the District Court of Tulsa County. The court entered an order setting a hearing, admitted the will to probate, and named appellee as executrix, issuing letters testamentary to her. Following her appointment, the court ordered appellee to immediately give notice to creditors. Appellee published notice in the Tulsa Daily Legal News for two consecutive weeks beginning July 17, 1979. The notice advised creditors that they must file any claim against the estate within two months of the first publication. Appellant Tulsa Professional Collection Services, Inc., a subsidiary of St. John Medical Center and the assignee of a claim for expenses connected with the decedent's hospital stay, did not file a claim with appellee within the two-month period. In October 1983, appellant filed an Application for Order Compelling Payment of Expenses of Last Illness in the District Court of Tulsa County. The district court denied the application. The Oklahoma Court of Appeals affirmed the district court's judgment. Appellant then sought rehearing, raising a due process challenge to the nonclaim statute's notice provisions for the first time. The Court of Appeals rejected the due process claim on the merits in a supplemental opinion. Appellant sought review in the Supreme Court of Oklahoma, which granted certiorari and affirmed the Court of Appeals' judgment. The United States Supreme Court noted probable jurisdiction and heard the case.
View caseDue process requires mail notice to any party whose name and address are known or reasonably ascertainable. Publication alone is insufficient when reasonable efforts would reveal the party's identity and location. The rule protects property interests that will be affected by the proceeding.
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A beneficiary is not definitely ascertainable when the trust is created for a noncharitable purpose without naming any individual who holds the beneficial interest. The statute permits such trusts but limits their duration to twenty-one years. Enforcement may occur through a person appointed in the trust or by the court.
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A power of withdrawal is not treated as a general power of appointment when it is exercisable by a trustee and limited by an ascertainable standard relating to health, education, support, or maintenance. The limitation prevents the power from being reached by the trustee's creditors under the statute.
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When the principal purpose of the parties is ascertainable from the circumstances, that purpose receives great weight in interpreting the contract. The purpose is determined from all surrounding facts rather than from isolated words. Courts use the purpose to resolve ambiguity consistently with the parties' overall objective.
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…illegitimate children claiming from their mothers' estates was justified because "proof of a lineal relationship is more readily ascertainable when dealing with maternal ancestors." Id., at 52 , 329 N. E. 2d, at 240. Alluding to the possibilities of abuse, the court rejected a case-by-case approach to claims based on alleged…