2006 New York Code - Joinder And Representation Of Persons Interested In Estates

 
  § 315. Joinder and representation of persons interested in estates
    1.  The  provisions  of  this section shall apply in any proceeding in
  which all persons interested in the estate are  required  to  be  served
  with process. For the purposes of this section, the term "an interest in
  the   estate"  includes  both  interests  in  income  and  interests  in
  principal.
    2. Representation of class interests.
    (a) Where an interest in the estate has been limited  as  follows,  it
  shall  not  be  necessary  to  serve process on any other person than as
  herein provided:
    (i) In any contingency to the persons  who  shall  compose  a  certain
  class  upon  the  happening  of a future event, the persons in being who
  would constitute the class if such event had happened immediately before
  the commencement of the proceeding.
    (ii) To a person who is  a  party  to  the  proceeding  and  the  same
  interest  has  been further limited upon the happening of a future event
  to a class of persons described in terms of their relationship  to  such
  party, the party to the proceeding.
    (iii) To unborn or unascertained persons, none of such persons, but if
  it  appears  that there is no person in being or ascertained, having the
  same interest, the court shall appoint a guardian ad litem to  represent
  or  protect  the  persons  who  eventually  may  become  entitled to the
  interest.
    (b) Where a party to the proceeding has  a  power  of  appointment  it
  shall  not be necessary to serve the potential appointees and if it is a
  general power of appointment it shall not  be  necessary  to  serve  the
  takers in default of the exercise thereof.
    3. Representation of contingent interests.
    Where  an interest in the estate has been limited to a person who is a
  party to the proceeding and the same interest has been  further  limited
  upon the happening of a future event to any other person it shall not be
  necessary to serve such other person.
    4.  Representation  in probate proceeding. In a proceeding for probate
  of a testamentary instrument the interests  of  the  respective  persons
  specified  in  subdivisions  2  (a)  (ii) and 3 of this section shall be
  deemed to  be  the  same  interest,  whether  or  not  their  respective
  interests  are  in income or in principal or in both, provided that they
  are beneficiaries of the same trust or fund, that  they  have  a  common
  interest in proving or disproving the instrument offered for probate and
  that  the  person  who  is  a  party under subdivision 2 (a) (ii) or the
  person to whom the interest has been limited under subdivision  3  would
  not  receive  greater  financial  benefit if such instrument were denied
  probate (in the case where such beneficiaries have a common interest  in
  proving such instrument) or admitted to probate, (in the case where such
  beneficiaries have a common interest in disproving such instrument).
    5.  Representation  of  persons  under a disability. If the instrument
  expressly so provides, where a party to  the  proceeding  has  the  same
  interest  as  a  person under a disability, it shall not be necessary to
  serve the person under a disability.
    6. The decree or order entered in any such proceeding shall be binding
  and conclusive on all persons  upon  whom  service  of  process  is  not
  required.
    7.  In  any  proceeding  in  which  service  of  process  upon persons
  interested  in  the  estate  may  be  dispensed  with  pursuant  to  the
  provisions  of  this  section  or  section  twenty-two  hundred  ten, in
  addition to such other requirements as may be applicable to the petition
  in the particular proceeding, the petition shall (i) set forth in a form
  satisfactory to the court the information required by subdivision  three


  of  section three hundred four with respect to the persons interested in
  the estate upon whom service of  process  may  be  dispensed  with,  the
  nature of the interests of such persons and the basis upon which service
  of  process  may be dispensed with, and (ii) state whether the fiduciary
  or any other person has discretion  to  affect  the  present  or  future
  beneficial  enjoyment of the estate and, if so, set forth the discretion
  possessed and, if exercised, the manner in which it has been  exercised.
  Notwithstanding  the  foregoing  provisions  of  this  section  and  any
  provisions of the instrument to the contrary, if the  court  finds  that
  the representation of a person's interest is or may be inadequate it may
  require that he be served. The basis for such finding shall be set forth
  specifically in the order.
    8.  Nonjudicial  settlements  of  accounts  of fiduciaries. Unless the
  instrument expressly  provides  otherwise,  an  instrument  settling  an
  account,  executed by all the persons upon whom service of process would
  be required in a proceeding for the judicial settlement of the  account,
  shall  be  binding  and  conclusive  on all persons upon whom service of
  process would not be required to the  same  extent  as  that  instrument
  binds the persons who executed it.