CHANCERY. 521

when the matter in controversy is real estate in which the heirs have an interest.
The term "legal representative," defined. Sinclair v. Auxiliary Realty Co., 99 Md.
231.

This section held to have no application—see notes to sec. 187. Cockey v. Plempel,
86 Md. 186.

See sec. 1, et seq.

An. Code, sec. 210. 1906, ch. 373.

225. 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 pos-
session 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 distri-
bution or delivery, said fiduciary may apply by bill or petition to the court
of equity in the county or city in which said fiduciary 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 appli-
cation 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 proceedings, and their interests shall be stated or set forth,
and there shall be a statement in the bill or petition, by which said appli-
cation 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 property or whose rights would be affected by said distribution or de-
livery, 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 petition,
and any papers filed therewith, and upon being satisfied that sufficient effort
has been made by such fiduciary to ascertain whether there are such un-
known persons shall pass an order directing the said fiduciary 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 peti-
tion, 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 de-
fendants 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 fidu-
ciary 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 un-
known 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 distribution
or delivery thereof to be made to file a bond or bonds to the State of Mary-
land 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