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John Prentiss Poe. Supplement to the Maryland Code of 1904..., 1906
Volume 394, Page 8   View pdf image (33K)
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8 CHANCERY. [ART. 16.

of time as the court may direct, in some newspaper, as in cases
of notice by publication to non-residents. The defendants
named in said bill or petition shall be summoned, or if they be
non-residents of this State, shall be duly notified by publica-
tion as in other cases in equity. And after the expiration of
said period fixed in said order for the appearance of said un-
known 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 unknown 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
Maryland 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 shall be estab-
lished; or the said court may require said fiduciary to hold or
transfer and deliver to a trustee or receiver to be appointed by
it the share or shares to which such unknown person or persons
would be entitled if in existence to be held, and the income
thereof accumulated for such time as the said court may direct,
in order to afford full opportunity for such unknown person or
persons to appear and assert their rights, and may order the
delivery or distribution thereof whenever said unknown persons
shall appear and establish their rights thereto, or when it
shall be convinced that there are no unknown persons entitled
to any share of said property; and the said court may defer
the passage of the said decree from time to time if it shall
deem it necessary in cases of doubt as to the existence of per-
sons who may be entitled, but the discretion of the said court
as to requiring bond and deferring the passage of said decree
and withholding and accumulating shares shall be subject to
review by the court of appeals; and any fiduciary making dis-
tribution or delivery of any property in obedience to such
decree or order shall be protected from any claim in respect
thereof by such unknown person or persons, his, her or their
heirs, personal representatives or assigns.

1906, ch. 373.

215 B. Whenever any fiduciary shall have property to dis-
tribute or deliver, and there shall be persons entitled to shares

 

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John Prentiss Poe. Supplement to the Maryland Code of 1904..., 1906
Volume 394, Page 8   View pdf image (33K)
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