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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 422   View pdf image (33K)
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422 CHANCERY. [ART. 16

property or whose rights would be affected by said distribution or deliv-
ery, and as near as practicable who such persons may be supposed to be.
And it shall be the duty of the said court to examine said bill or peti-
tion, and any papers filed therewith, and upon being satisfied that suffi-
cient effort has been made by such fiduciary to ascertain whether there
are such unknown persons shall pass an order directing the said fiduci-
ary to give notice by publication to such supposed unknown persons,
whether they be residents or non-residents of this State, of the substance
and object of said bill or petition, and warning them to appear by a
day therein stated, which shall not be less than ninety days after the
passage of said order, and said notice shall be published for such length
of time as the court may direct, in some newspaper, as in cases of notice
by publication to non-residents. The defendants named in said bill or
petition shall be summoned, or if they be non-residents of this State,
shall be duly notified by publication as in other cases in equity. And
after the expiration of said period fixed in said order for the appearance
of said unknown persons, the court shall proceed as in other suits in
equity, and shall, by its decree, direct to whom the said fiduciary shall
make distribution or delivery of said property, and if, in the opinion
of the said court, it shall be doubtful whether or not there are unknown
persons who are entitled to a share or shares of said property, it may
in its discretion require the persons to whom it shall direct the distribu-
tion or delivery thereof to be made to file a bond or bonds to the State
of Maryland in such penalty as it shall prescribe, with the clerk of the
said court, conditioned to make restitution to such unknown person or
persons of his, her or their shares of said property, when his, her or
their rights thereto shall be established; or the said court may require
said fiduciary to hold or transfer and deliver to a trustee or receiver to
be appointed by it the share or shares to which such unknown person
or persons would be entitled if in existence to be held, and the income
thereof accumulated for such time as the said court may direct, in order
to afford full opportunity for such unknown person or persons to
appear and assert their rights, and may order the delivery or distribu-
tion thereof whenever said unknown persons shall appear and establish
their rights thereto, or when it shall be convinced that there are no
unknown persons entitled to any share of said property; and the said
court may defer the passage of the said decree from time to time if it
shall deem it necessary in cases of doubt as to the existence of persons
who may be entitled, but the discretion of the said court as to requiring
bond and deferring the passage of said decree and withholding and
accumulating shares shall be subject to review by the court of appeals;
and any fiduciary making distribution or delivery of any property in
obedience to such decree or order shall be protected from any claim in
respect thereof by such unknown person or persons, his, her or their
heirs, personal representatives or assigns.

As to the payment of debts and distribution by administrators under the
Jurisdiction of the orphans' court, see art. 93. sections 117 and 143.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 422   View pdf image (33K)
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