Legislation
SECTION 1312
Representative defendants
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 13
§ 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.
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.