New York Surrogate's Court July 2, 1968 (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.