Section 1904. Petition and process 1

A  proceeding  under this article may be instituted by filing of a
  verified petition by a fiduciary or any person interested. The  petition
  shall include facts showing the condition of the estate.
    2.  If  the petition be entertained process shall issue to all persons
  interested and also to the creditors if the court so directs.
    3. Upon judicial settlement of the accounts of a fiduciary  any  party
  to  the  proceeding  may show facts which make a disposition of the real
  property left by the decedent desirable. When such relief is sought upon
  an accounting notice thereof shall be given in the process.
    4. If any part of the reversion or remainder in the real  property  or
  in proceeds of sale thereof is limited in any contingency to the persons
  who  shall  compose a certain class upon the termination of any trust or
  legal life estate, the process shall issue to and be served  upon  those
  persons who would be entitled to the reversion, remainder or proceeds if
  the  event  upon which the termination of the trust or legal life estate
  depended had happened immediately before the application was made.
    5. No person shall be entitled to process under this section solely by
  reason of the fact that he has been or may be designated as appointee of
  said property or proceeds or of any interest therein, under a  power  of
  appointment or disposition.
    6.  The  disposition  may  be  authorized  whether any persons who may
  eventually become entitled to the remainders in the real property or  to
  the proceeds of the sale thereof are in being or not, and whether at the
  time  of  the disposition the reversion is in the life tenant or in some
  other person.
    7. The state of New York may be made a party in the same manner  as  a
  private  person where it appears that the property may have escheated or
  where the state has a lien of record on the interest of any beneficiary.
  The petition in that case shall show the nature of the interest  of  the
  state  and  the  reason  or  reasons for making the state a party to the
  proceedings. Upon failure to state such facts, the proceeding  shall  be
  dismissed as to the state.
    8.  The  provisions  of section three hundred fifteen shall apply to a
  proceeding under this section.