CHANCERY 627

An. Code, 1924, sec. 224. 1912, sec. 209. 1904, sec. 200. 1892, ch. 654, sec. 186A.

230. 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 representatives 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 prac-
tice of filing a bill of revivor under sec. 12, gives a new method of attaining the. same
object. Purpose of this section. A purchaser pendente 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 repre-
sentative, " defined. Sinclair v. Auxiliary Realty Co., 99 Md. 231.

This section held to have no application—see notes to sec. 193. Cockey v. Plempel,
86 Md. 186.

Cited in Carrollton Bank v. Hollander (Judge Smith, Circuit Court of Baltimore
City), Daily Record, Mar. 7, 1939.

See sec. 1, et seq.

An. Code, 1924, sec. 225. 1912, sec. 210. 1906, ch. 373.

231. 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