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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 392   View pdf image (33K)
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392 CHANCEEY. [ART. 16

so appointed may intervene in such chancery case, if the same be still
pending and shall thereupon be substituted as a party defendant in
the place of said foreign personal representative and shall thereafter
represent the personal estate of such said decedent. The provisions of
this section to apply to all cases including bills of review, bills of
interpleader and supplemental bills.

An order of publication held fatally defective because it warned the
unknows heirs of Abraham Hardester to appear, instead of those of Benjamin
Hardester. Hardester v. Sharretts. 84 Md. 149.

See notes to sec. 135.

1908, ch. 96.

132. In all cases where a bill in chancery may be filed for the sale,
lease, mortgage or other disposition of land or to affect any funds which
would descend as real estate, and the owner of the whole or of any part
thereof or of any interest therein, whether resident or non-resident, is
dead, and it is not known to the complainant or complainants in said
bill whether or not said deceased person or persons left any heirs, or,
if there are such heirs, who they are or whether they be residents of
this State, or non-residents, the said heirs may in such bill of com-
plaint be described as the unknown heirs of such deceased person or
persons, and the said bill of complaint shall pray that they be pro-
ceeded against as non-residents. In all such cases the order of publica-
tion shall issue as of course, in the manner now, or which may be
hereafter prescribed by law, for the issuance of the order of publication
against non-residents, and shall be published and the publication thereof
proved as in cases of order of publication against non-residents. When
such order of publication shall have been issued and published as afore-
said, all persons who may be the heirs at law of such deceased person or
persons, whether they be residents or non-residents, shall be bound by
the decree which may be passed by the court in said case, and all the
right, title and interest in said land, or in said fund, owned by said
decedent shall pass and be divested in the decree that may be passed
in said cause.

See notes to sec. 124.

1904, art. 10, sec. 125. 1890. ch. 472. sec. 112 A.

133. Where a non-resident of this State has died, upon whose per-
sonal estate no letters testamentary or of administration have been
issued by any orphans' court or register of wills of this State, but upon
which estate such letters have been issued by a court of probate or other
proper authority in some other State, territory or foreign country, it
shall be sufficient in any case in chancery in this State now pending or
hereafter to be instituted, in which said decedent or his executor or
administrator was or would be a proper party defendant, to make such
foreign executor or administrator a party defendant thereto, and the
making of such foreign executor or administrator a party defendant
to such case shall give the court the same jurisdiction over the personal

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 392   View pdf image (33K)
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