Section 1420. Proceeding for construction of will; effect of decree 1  


Latest version.
  • 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.