In re the Estate of Sage

Samuel J. Silverman, S.

The court is presented with a question as to the proper application of the new virtual representation statute, SCPA 315.

A surviving trustee has filed a petition for a voluntary accounting in which it is alleged that certain contingent remaindermen are persons interested in the estate, but are not required to be cited under SCPA 315. The trust was established pursuant to article eourth of the will of the decedent which provided that the income of said trust was to be paid to decedent’s brother, Edward Woolston Sage, and after the latter’s death to a niece (the brother’s…