In re the Estate of Borax

Samuel J. Silverman, S.

A question as to the applicability of SCPA 315, the virtual representation statute, is presented. The question is whether in this accounting proceeding decedent’s son James may be said virtually to represent his infant son, decedent’s grandson, Hugh, so as to avoid the necessity to make the infant a party or appoint a guardian for him.

The most difficult question arises under Article Eighth of the will which for present purposes directs that one half of the residuary estate shall be held in trust for testator’s son James until he shall reach the age of 35, with the…