In re the Estate of Putignano

Nathan R. Sobel, S.

Incidental to the settlement of the executors’ account, advice and direction is requested of the court whether specified remaindermen and contingent remaindermen are virtually represented by others who have been made parties to the proceeding. (SCPA 315.)

Virtual representation made applicable to proceedings in the Surrogates’ Courts upon recommendation of the Bennett Commission on Estates (Third Report, 1964, pp 276-297) is a doctrine which permits one who is a party (the "representor”) to represent in a particular proceeding persons or a class of persons ("representees”)…