Section 1312. Representative defendants  


Latest version.
  • 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.