2012 New York Consolidated Laws
RPA - Real Property Actions & Proceedings
Article 13 - (1301 - 1391) ACTION TO FORECLOSE A MORTGAGE
1312 - Representative defendants.

 
    §  1312. Representative defendants.  1. Where a trust has been created
  by will or by deed or by declaration of  trust,  the  trustees  of  such
  trust  who shall have duly qualified shall be made parties defendant and
  shall represent all  persons  who  are  or  may  become  entitled  to  a
  beneficial  interest in the property or an undivided share thereof or in
  the proceeds of sale thereof under and by virtue of said trust  and  all
  remaindermen  who are or may become entitled to the reversion, remainder
  or inheritance of the property or the proceeds of  sale  thereof  either
  before  or  after  the  termination  of  said trust, without naming such
  beneficiaries or remaindermen as parties  defendant.    Service  of  the
  summons and complaint upon any one of such duly qualified trustees shall
  be sufficient service upon the trust estate and upon all persons who are
  or  may  become  entitled to a beneficial interest in the property or an
  undivided share thereof or in the  proceeds  of  sale  thereof  and  all
  remaindermen  who are or may become entitled to the reversion, remainder
  or inheritance of the property or the proceeds of  sale  thereof  either
  before or after the termination of said trust.
    2. Whenever the duly qualified executors under a will are made parties
  defendant they shall represent all of the legatees named in the will and
  the  successors and assigns of such legatees, irrespective of whether or
  not such legacies  are  a  charge  upon  the  real  property,  and  such
  legatees,  their  successors  and  assigns  need not be named as parties
  defendant. Service of the summons and complaint upon  any  one  of  such
  duly  qualified executors shall be sufficient service upon the executors
  under said will  and  upon  all  legatees  named  in  said  will,  their
  successors and assigns, irrespective of whether or not such legacies are
  a charge upon the real property.