N.Y. Real Property Actions & 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.

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.