§ 1420 — Proceeding for construction of will; effect of decree 1

§ 1420. Proceeding for construction of will; effect of decree\n 1. A fiduciary or a person interested in obtaining a determination as\nto the validity, construction or effect of any provision of a will may\npresent to the court in which the will was probated a petition showing\nthe interest of the petitioner, the names and post-office addresses of\nthe other persons interested, the particular portion of the will\nconcerning which petitioner requests the determination of the court and\nthe necessity for construction. If the application be entertained\nprocess shall issue to all persons interested in the question to be\npresented to show cause why the determination should not be made. On\nthe return of process the court shall take such proof and shall make\nsuch decree as justice requires.\n 2. If in any proceeding for the judicial settlement of an account of\na fiduciary any question is presented by any party to the proceeding\nrespecting the propriety of any debit or credit in the account, the\ndetermination of which involves the validity, construction or effect of\nany portion of the will which requires such construction the\npresentation of the question shall have the same effect as if the\npetition had expressly requested a construction of the particular\nportion of the will involved in such determination.\n 3. If a party in a proceeding for the probate of a will requests a\ndetermination of the validity, construction or effect of any provision\ncontained in the will process shall issue to all persons interested in\nthe determination who have not appeared in the proceeding and notice\nshall be given in such manner as directed by the court to all those\npersons who have so appeared therein. Upon the entry of a decree\nadmitting the will to probate the court may determine the question of\nconstruction or in its discretion may admit the will to probate and\nreserve the question for future consideration and decree.\n 4. A decree in any proceeding authorized in this section or a decree\nsettling an account of a fiduciary or a decree on probate which\nconstrues or interprets any portion of a will, unless reversed or\nmodified on appeal, shall thereafter be binding and conclusive in all\ncourts upon all parties to the proceeding and upon their successors in\ninterest as to all questions of construction or interpretation of the\nwill therein or thereby determined and of all rights and obligations of\nthe parties involved in the construction, depending thereon, or\nresulting therefrom.\n 5. The provisions of section three hundred fifteen shall apply to a\nproceeding under this section.\n