N.Y. Surrogate's Court Procedure Act § 1420: Proceeding for construction of will; effect of decree 1

§ 1420. Proceeding for construction of will; effect of decree

1. A fiduciary or a person interested in obtaining a determination as

to the validity, construction or effect of any provision of a will may

present to the court in which the will was probated a petition showing

the interest of the petitioner, the names and post-office addresses of

the other persons interested, the particular portion of the will

concerning which petitioner requests the determination of the court and

the necessity for construction. If the application be entertained

process shall issue to all persons interested in the question to be

presented to show cause why the determination should not be made. On

the return of process the court shall take such proof and shall make

such decree as justice requires.

2. If in any proceeding for the judicial settlement of an account of

a fiduciary any question is presented by any party to the proceeding

respecting the propriety of any debit or credit in the account, the

determination of which involves the validity, construction or effect of

any portion of the will which requires such construction the

presentation of the question shall have the same effect as if the

petition had expressly requested a construction of the particular

portion of the will involved in such determination.

3. If a party in a proceeding for the probate of a will requests a

determination of the validity, construction or effect of any provision

contained in the will process shall issue to all persons interested in

the determination who have not appeared in the proceeding and notice

shall be given in such manner as directed by the court to all those

persons who have so appeared therein. Upon the entry of a decree

admitting the will to probate the court may determine the question of

construction or in its discretion may admit the will to probate and

reserve the question for future consideration and decree.

4. A decree in any proceeding authorized in this section or a decree

settling an account of a fiduciary or a decree on probate which

construes or interprets any portion of a will, unless reversed or

modified on appeal, shall thereafter be binding and conclusive in all

courts upon all parties to the proceeding and upon their successors in

interest as to all questions of construction or interpretation of the

will therein or thereby determined and of all rights and obligations of

the parties involved in the construction, depending thereon, or

resulting therefrom.

5. The provisions of section three hundred fifteen shall apply to a

proceeding under this section.