In re the Estate of Fuller

Samuel J. Silverman, S.

A question as to the applicability of the virtual representation statute, SCPA 315, has arisen in this probate proceeding.

A codicil to the testator’s will makes a bequest of $20,000 to a nonrelative and consequently the residuary estate and all persons sharing therein are adversely affected by the codicil and must be cited as to the probate of the codicil. The question is whether minor great-grandchildren are virtually represented by their parents, the grandchildren, who are all adults alive and not under a disability.

The will sets up various trusts in the residuary…