ART. 16] PLEADING, PRACTICE AND PROCESS. 421

and such defendants had appeared to such bill, and by answer admitted
the facts thereof.

This section referred to in deciding that a party might file exceptions to a
mortgage sale in propria persona. Aukam v. Zautzinger, 94 Md. 425.

Cited but not construed in Benson v. Linthicum, 75 Md. 143; Newbold v.
Glenn, 67 Md. 491.
See notes to sec. 206.

1904, art. 16, sec. 200. 1892, ch. 654, sec. 186 A.

209. When any plaintiff, or any defendant, who has been duly sum-
moned to answer a bill or petition in any of the equity courts of this
State shall die before final decree, leaving heirs at law or representa-
tives who should be made parties to said cause, or any one has been
omitted as a plaintiff or defendant in any equity cause, it shall not be
necessary to file an amended bill or petition in said cause, but on a short
petition setting forth their interest in said cause they shall be made a
party plaintiff, or if a defendant, the court shall cause a summons to
be issued requiring said party or parties to answer said bill or petition
as originally filed; and said short petition shall be taken and considered
as part of said bill.

A suit to set aside a fraudulent conveyance, does not abate upon the death
of the grantor leaving the grantee his only heir. This section, while not
abrogating the practice of filing a bill of revivor under section 12, gives a
new method of attaining the same object. Purpose of this section. A pur-
chaser pentdente lite is not a necessary party. The heirs at law of a deceased
defendant may be brought in by petition when the matter in controversy is
real estate in which the heirs have an interest. The term "legal representa-
tive," defined. Sinclair v. Auxiliary Realty Co., 99 Md. 231

This section held to have no application—see notes to section 172. Cockey
v. Plempel. 86 Md. 186.

See sec 1, et seq.

1906, ch. 373.

210. Whenever it shall be the duty of any fiduciary (meaning by
the term "fiduciary" any trustee, executor, administrator, receiver, or
other fiduciary) to make any delivery or distribution of any property in
the possession or control of such fiduciary, and said fiduciary shall
apprehend that there may be persons living unknown to such fiduciary
who may be entitled to shares thereof, or whose rights will be affected
by such distribution or delivery, said fiduciary may apply by bill or
petition to the court of equity in the county or city in which said fiduci-
ary resides or has his or its principal office or place of business, praying
the said court to assume jurisdiction over the said property and the
distribution and delivery thereof, or if a court of equity already has
jurisdiction of said property, said application may be made to such
court. All persons known to such fiduciary to have any interest in said
property shall be named or described and made parties to the proceed-
ings, and their interests shall be stated or set forth, and there shall be a
statement in the bill or petition, by which said application to the court
is made, showing why such fiduciary apprehends that there may be
persons living unknown to him or it who may be interested in said