§ 315. Joinder and representation of persons interested in estates

1. The provisions of this section shall apply in any proceeding in
which all persons interested in the estate are required to be served
with process. For the purposes of this section, the term "an interest in
the estate" includes both interests in income and interests in
principal.

2. Representation of class interests.

(a) Where an interest in the estate has been limited as follows, it
shall not be necessary to serve process on any other person than as
herein provided:

(i) In any contingency to the persons who shall compose a certain
class upon the happening of a future event, the persons in being who
would constitute the class if such event had happened immediately before
the commencement of the proceeding.

(ii) To a person who is a party to the proceeding and the same
interest has been further limited upon the happening of a future event
to a class of persons described in terms of their relationship to such
party, the party to the proceeding.

(iii) To unborn or unascertained persons, none of such persons, but if
it appears that there is no person in being or ascertained, having the
same interest, the court shall appoint a guardian ad litem to represent
or protect the persons who eventually may become entitled to the
interest.

(b) Where a party to the proceeding has a power of appointment it
shall not be necessary to serve the potential appointees and if it is a
general power of appointment it shall not be necessary to serve the
takers in default of the exercise thereof.

3. Representation of contingent interests.

Where an interest in the estate has been limited to a person who is a
party to the proceeding and the same interest has been further limited
upon the happening of a future event to any other person it shall not be
necessary to serve such other person.

4. Representation in probate proceeding. In a proceeding for probate
of a testamentary instrument the interests of the respective persons
specified in subdivisions 2 (a) (ii) and 3 of this section shall be
deemed to be the same interest, whether or not their respective
interests are in income or in principal or in both, provided that they
are beneficiaries of the same trust or fund, that they have a common
interest in proving or disproving the instrument offered for probate and
that the person who is a party under subdivision 2 (a) (ii) or the
person to whom the interest has been limited under subdivision 3 would
not receive greater financial benefit if such instrument were denied
probate (in the case where such beneficiaries have a common interest in
proving such instrument) or admitted to probate, (in the case where such
beneficiaries have a common interest in disproving such instrument).

5. Representation of persons under a disability. If the instrument
expressly so provides, where a party to the proceeding has the same
interest as a person under a disability, it shall not be necessary to
serve the person under a disability.

6. The decree or order entered in any such proceeding shall be binding
and conclusive on all persons upon whom service of process is not
required.

7. In any proceeding in which service of process upon persons
interested in the estate may be dispensed with pursuant to the
provisions of this section or section twenty-two hundred ten, in
addition to such other requirements as may be applicable to the petition
in the particular proceeding, the petition shall (i) set forth in a form
satisfactory to the court the information required by subdivision three
of section three hundred four with respect to the persons interested in
the estate upon whom service of process may be dispensed with, the
nature of the interests of such persons and the basis upon which service
of process may be dispensed with, and (ii) state whether the fiduciary
or any other person has discretion to affect the present or future
beneficial enjoyment of the estate and, if so, set forth the discretion
possessed and, if exercised, the manner in which it has been exercised.
Notwithstanding the foregoing provisions of this section and any
provisions of the instrument to the contrary, if the court finds that
the representation of a person's interest is or may be inadequate it may
require that he be served. The basis for such finding shall be set forth
specifically in the order.

8. Nonjudicial settlements of accounts of fiduciaries. Unless the
instrument expressly provides otherwise, an instrument settling an
account, executed by all the persons upon whom service of process would
be required in a proceeding for the judicial settlement of the account,
shall be binding and conclusive on all persons upon whom service of
process would not be required to the same extent as that instrument
binds the persons who executed it.