§ 2106. Proceeding for compromise of controversies between claimants to

property or estates where interests of persons under

disability or not in being are affected

1. Where the interests of persons under disability or not in being are
or may be affected

(a) A fiduciary may petition for authorization to compromise any
controversy between different claimants to the estate or property or
portions thereof under administration in accordance with an agreement to
which all parties in being claiming an interest in the estate affected
by the agreement shall be parties in person or by guardian or committee.

(b) The proponent or any party to a probate proceeding may petition to
adjust by compromise any controversy existing or which may arise between
the persons claiming under any will alleged to have been made by the
decedent and any persons claiming as distributees of decedent or
claiming to be entitled to a right of election or claiming pursuant to
an agreement with the decedent or otherwise, in accordance with an
agreement to which all such persons as are interested shall be parties,
provided that persons named as executors to whom letters have not issued
and persons whose interests are not affected by the proposed compromise
are not required to be made parties.

2. A person under disability or a person not in being who has a future
contingent interest is a necessary party and shall be represented by a
guardian ad litem unless in the case of a person under disability his
guardian, committee or conservator shall appear in his behalf. The
guardian, committee or conservator so appearing or the guardian ad litem
may execute in behalf of the person for whom he appears all proper
instruments necessary to effect any compromise approved by the court.

3. If by the terms of the compromise money or property is directed to
be held for the benefit of a person under disability or a person not in
being it may in a proper case be deposited in court subject to the order
of the court.

4. An agreement of compromise made as herein provided if found by the
court to be just and reasonable shall be valid and binding upon the
interests of persons under disability, persons not in being and all
parties to the agreement.

5. An application for the approval of a compromise hereunder must be
made by verified petition or, if made in a pending proceeding, by
verified supplemental petition, which shall show the provisions of any
instruments or documents under which claim is made to the property or
estate in controversy, all facts concerning the identity and claims of
the parties to the controversy, the possible contingent interests of
persons not in being and the necessity for the approval of the
compromise.

6. The court may entertain the application prior to the execution of
the proposed compromise agreement by all the parties required to execute
it and may permit its execution after the commencement of the proceeding
by any person interested.

7. The court shall inquire into the facts and make such order or
decree as justice shall require in any proceeding.