ART. 16. ] TRUSTEE. 7

duration specified in section 36 of this article, shall not be
estopped thereby from subsequently obtaining a divorce a vin-
culo matrimonii on the ground of abandonment proved to be of
the character and duration specified in said section 36.

Approved April 5, 1906.

Trustee*

1906, ch. 373.

216 A. Whenever it shall be the duty of any fiduciary (mean-
ing by the term "fiduciary" any trustee, executor, administra-
tor, receiver, or other fiduciary) to make any delivery or distri-
bution of any property in the possession 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 dis-
tribution or delivery, said fiduciary may apply by bill or peti-
tion 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
application 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 application 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 delivery, 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 unknown persons shall pass an order directing
the said fiduciary to give notice by publication to such sup-
posed 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