§ 1312 — Representative defendants

New York § 1312

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 13: Action to Foreclose a Mortgage

Text

§ 1312. Representative defendants. 1. Where a trust has been created\nby will or by deed or by declaration of trust, the trustees of such\ntrust who shall have duly qualified shall be made parties defendant and\nshall represent all persons who are or may become entitled to a\nbeneficial interest in the property or an undivided share thereof or in\nthe proceeds of sale thereof under and by virtue of said trust and all\nremaindermen who are or may become entitled to the reversion, remainder\nor inheritance of the property or the proceeds of sale thereof either\nbefore or after the termination of said trust, without naming such\nbeneficiaries or remaindermen as parties defendant. Service of the\nsummons and complaint upon any one of such duly qualified trustees shall\nbe sufficient service upon the trust estate and upon all persons who are\nor may become entitled to a beneficial interest in the property or an\nundivided share thereof or in the proceeds of sale thereof and all\nremaindermen who are or may become entitled to the reversion, remainder\nor inheritance of the property or the proceeds of sale thereof either\nbefore or after the termination of said trust.\n 2. Whenever the duly qualified executors under a will are made parties\ndefendant they shall represent all of the legatees named in the will and\nthe successors and assigns of such legatees, irrespective of whether or\nnot such legacies are a charge upon the real property, and such\nlegatees, their successors and assigns need not be named as parties\ndefendant. Service of the summons and complaint upon any one of such\nduly qualified executors shall be sufficient service upon the executors\nunder said will and upon all legatees named in said will, their\nsuccessors and assigns, irrespective of whether or not such legacies are\na charge upon the real property.\n