432 CHANCERY. [ART. 16

the same manner and to the same extent as the executors or
administrators in suits concerning personal estate represent the
persons beneficially interested in such personal estate; and in
such cases it shall not be necessary to make the persons bene-
ficially interested under the trust, parties to the suit; but any
party interested may, upon his own application, be allowed to
come in and be made a party to such proceeding, and the court
or judge thereof may, upon consideration of the matter on the
hearing, if it should be deemed proper, order such persons, or
any of them, to be made parties.

1888, art. 16, sec. 161. Rule 33.

174. It shall not be necessary to dismiss the entire bill or
petition in any suit, because simply of the misjoinder of parties
or the subject-matter of the suit; but the court may dismiss
the bill or petition as to such of the parties, plaintiff or defen-
dant, as may be improperly joined, and may dismiss the bill
or petition as to such of the subject-matter as may be improp-
erly joined or included therein, so as to relieve the bill or
petition of the objection of being multifarious. And the court
may, according to the special circumstances of the case, to
meet the requirements of justice and to prevent a multiplicity
of suits, decree as between the plaintiffs, as if they occupied
positions of plaintiff and defendant upon the record, and may
so decree as between co-defendants to the cause; provided,
such decrees shall be founded upon the allegations of the plead-
ing between the plaintiffs and defendants, and have immediate-
connection with the subject-matter of the suit.

Belt v. Bowie, 65 Md. 350. Whitridge v. Whitridge, 76 Md. 62. Hooper-
v. Central Trust, 81 Md. 582.

Ibid, sec. 162. Rule 34.

175. If the defendant shall, at the hearing of the cause, object
that the suit is defective for want of parties, not having by plea
or answer taken the objection, and therein specified by name
or description the parties to whom the objection applies, the.
court or judge thereof, if it be deemed proper, shall be at liberty
to make a decree, saving the rights of the absent parties, or
may require the plaintiff to bring in such absent party, upon
such terms as the court may prescribe as to costs.

Ibid. sec. 163 Rule 35

176. Where the defendant shall, by his answer, suggest that-
the bill is defective for want of parties, the plaintiff shall be at