New York § 1312 - 1312Representative defendants
Full text of New York New York Consolidated Laws § 1312 — 1312Representative defendants, with citation guidance and answers to common questions.
§ 1312. 1312Representative 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.
Frequently Asked Questions About New York § 1312
What does New York Consolidated Laws § 1312 cover?
Section 1312 ("1312Representative defendants") is part of the New York Consolidated Laws, the codified statutory law of New York. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New York § 1312?
A common citation format is "New York Consolidated Laws § 1312" (New York). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New York law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New York official source linked on this page or consult a licensed New York attorney.
How does New York § 1312 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New York can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New York.