In re the Estate of Schwartz

John D. Bennett, S.

In this executors’ accounting proceeding, a question has arisen as to whether the virtual representation statute (SCPA 315) applies to the facts presented hy this estate.

Testator’s will establishes a residuary “sprinkling” trust for the benefit of the widow, a daughter, and any one or more of the daughter’s issue. There is presently one granddaughter, who, it is contended, need not be cited by reason of the virtual representation statute. Upon the death of the widow, if the daughter is still living, the ‘ ‘ sprinkling ’ ’ trust is to continue for the daughter and her issue…