CHANCERY... 487

non-resident is known to be dead, but it is unknown whether he left 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 un-
known, 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 adminis-
tration, have been 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 administrator of such deceased person the per-
sonal 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 sub-
stance and object thereof may be given by publication as provided by law
in cases of non-residents.

A defendant held to be a non-resident within the meaning of this section; mean-
ing of " non-resident." Hollander v. Central Metal Co., 109 Md. 161; Dorsey v.
Dorsey, 30 Md. 531.

This section has no application when the deceased person, whose heirs are un-
known, would not if alive be a proper party himself. Office of an order of publica-
tion. Savary v. DaCamara, 60 Md. 148.

An. Code, sec. 131. 1904, sec. 124. 1888, sec. 112. 1832, ch. 302, sec. 4. 1835, ch. 380, sec. 6.
1842, ch. 206, sec. 2. 1892, ch. 637.

138. 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 proceed-
ings shall be had against them as are had in cases against non-resident de-
fendants 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 par-
ties 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 personal 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 so appointed may intervene in such
chancery case, if the same be still pending and shall thereupon be sub-
stituted as a party defendant in the place of said foreign personal repre-
sentative and shall thereafter represent the personal estate of such said