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ART. 16] NON-RESIDENTS. 391
where the non-resident is known to be dead, but it is unknown whether
he loft any heirs, or if he is known to have left heirs, but the heirs be
unknown, and in cases where it is unknown whether a deceased person,
resident or non-resident, who, if living, would be a proper party to a
bill in chancery, has left any heirs; or if he is known to have left heirs
but the heirs be unknown, in all such cases the bill may describe such
unknown heirs as the heirs of the person who, if living, would be a
proper party; and in cases where a non-resident is dead and no letters
testamentary, or of administration, have lieen granted in this State;
and if it is unknown whether such letters upon his personal estate have
been granted elsewhere, the bill may describe as the executor or admin-
istrator of such deceased person the personal representative of the
person who, if living, would be a proper party; and the bill in cases
under this section shall pray that notice of the substance and object
thereof may be given by publication as provided by law in casea of
non-residents.
A defendant held to be a non-resident within the meaning of this section;
meaning of "non-resident." Hollander v. Central Metal Co., 109 Md. 101;
Dorsey v. Dorsey, 30 Md. 531.
This section has no application when the deceased person, whose heirs are
unknown, would not if alive be a proper party himself. Office of an order
of publication. Savary v. DaCamara, CO Md. 148.
1904, art 16, sec. 124. 1888. art. 16. sec. 112. 1860. art. 16, sec. 90. 1832, ch. 302.
sec. 4. 1835. ch. 380. sec. 6. 1842, ch. 206, sec. 2. 1892, ch. 637.
131. In all cases mentioned in the foregoing section, the court shall
order notice to be given by publication in accordance with the prayer
of the bill to the heirs or personal representatives of such deceased
person as the bill may pray and as they are described therein, and
the same proceedings shall be had against them as are had in cases
against non-resident defendants named in a bill in chancery, and such
publications shall be taken and considered sufficient notice to the heirs
of said decedent or to all parties entitled to his personal estate whether
executor, administrator, legatee or distributee, as the case may be, 'and
any decree which may be passed shall have the same effect against
those described as heirs or against all parties interested in the personal
estate of a particular person as if the party whose heirs or persona]
representatives they are supposed to be were living and a party to such
decree, and the making in such case of the unknown foreign personal
representative of a deceased non-resident a party defendant to the
case shall give the court the same jurisdiction over the personal estate
of such decedent as if an executor or administrator of such decedent to
whom letters testamentary or of administration had been granted by
an orphans' court or register of wills of this State had been made such
party defendant; provided, however, that if letters testamentary or of
administration on the estate of such decedent shall, after the making
of such unknown foreign personal representative a party defendant, be
granted upon the personal estate of such decedent by any orphans'
court or register of wills of this State, the executor or administrator
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