N.Y. Real Property Actions and Proceedings Law 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.
Terms Used In N.Y. Real Property Actions and Proceedings Law 1312
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Summons: Another word for subpoena used by the criminal justice system.
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.