2006 New York Code - Proceeding For Construction Of Will; Effect Of Decree

 
  § 1420. Proceeding for construction of will; effect of decree
    1.  A fiduciary or a person interested in obtaining a determination as
  to  the  validity, construction or effect of any provision of a will may
  present to the court in which the will was probated a  petition  showing
  the  interest  of the petitioner, the names and post-office addresses of
  the other  persons  interested,  the  particular  portion  of  the  will
  concerning  which petitioner requests the determination of the court and
  the necessity for construction.    If  the  application  be  entertained
  process  shall  issue  to  all  persons interested in the question to be
  presented to show cause why the determination should not be  made.    On
  the  return  of  process  the court shall take such proof and shall make
  such decree as justice requires.
    2.  If in any proceeding for the judicial settlement of an account  of
  a  fiduciary  any  question  is presented by any party to the proceeding
  respecting the propriety of any debit or  credit  in  the  account,  the
  determination  of which involves the validity, construction or effect of
  any  portion  of  the  will  which  requires   such   construction   the
  presentation  of  the  question  shall  have  the  same effect as if the
  petition had  expressly  requested  a  construction  of  the  particular
  portion of the will involved in such determination.
    3.    If  a party in a proceeding for the probate of a will requests a
  determination of the validity, construction or effect of  any  provision
  contained  in  the will process shall issue to all persons interested in
  the determination who have not appeared in  the  proceeding  and  notice
  shall  be  given  in  such  manner as directed by the court to all those
  persons who have so appeared therein.    Upon  the  entry  of  a  decree
  admitting  the  will  to probate the court may determine the question of
  construction or in its discretion may admit  the  will  to  probate  and
  reserve the question for future consideration and decree.
    4.   A decree in any proceeding authorized in this section or a decree
  settling an account  of  a  fiduciary  or  a  decree  on  probate  which
  construes  or  interprets  any  portion  of  a  will, unless reversed or
  modified on appeal, shall thereafter be binding and  conclusive  in  all
  courts  upon  all parties to the proceeding and upon their successors in
  interest as to all questions of construction or  interpretation  of  the
  will  therein or thereby determined and of all rights and obligations of
  the  parties  involved  in  the  construction,  depending  thereon,   or
  resulting therefrom.
    5.    The provisions of section three hundred fifteen shall apply to a
  proceeding under this section.