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This entry was published on 2014-09-22
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SECTION 1420
Proceeding for construction of will; effect of decree 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 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.