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Session Laws, 1892
Volume 397, Page 855   View pdf image (33K)
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FRANK BROWN, ESQUIRE, GOVERNOR.

855

ing and in cases where the non-resident is dead and it is


unknown whether he left any heirs or if the heirs be

Non-resi-

unknown, then the bill may describe such unknown heirs as

dent, or
heirs

the heirs of the person who, if living, would be a proper

unknown

party and in cases where non -resident is dead and no letters


testamentary or of administration have been granted in


this State, and if it is unknown whether such letters upon


his personal estate have been granted elsewhere the bill


may describe as the executor or administrator of such


deceased person the personal representative or the person,


who, if living, would be a proper party, and the bill in


cases under this section shall pray that notice of the sub-


stance and object thereof may be given by publication as


provided by law in cases of non-residents.


112. In all cases mentioned in the foregoing section, the


court shall order notice to be given by the publication in


accordance with the prayer of the hill to the heirs or per-


sonal representatives of such deceased person as the bill


may pray and as they are described therein, and the same

Notice by
publica-

proceedings shall be had against them as are had in cases

tion to

against uon-resideut defendants named in a bill in chancery

Representa-
tives of

and such publication shall be taken and considered suffi-

deceased

persons

cient notice to the heirs of said decedent or upon all parties


entitled to his personal estate whether executor, administra-


tor, legatee or distributor, as the case may be, and any


decree which may be passed shall have the same effect


against those described as heirs or against all parties inter-


ested in the personal estate of a particular person as if the


party whose heirs or personal representatives they are sup-


posed to be were living and a party to such decree, and the


making in such case of the unknown foreign personal repre-


sentative of a deceased non-resideut, a party defendant to


the case shall give the court the same jurisdiction over the


personal estate of such decedent as if an executor or adminis-


trator of such decedent to whom letters testamentary or of


administration had been granted by an Orphans' Court or


Register of Wills of this State had been made such party


defendant, provided, however, that if letters testamentary


or of administration on the estate of such decedent shall


after the making of such unknown foreign personal repre-


sentative a party defendent be granted upon the personal


estate of such decedent by any Orphans' Court or Register


of Wills of this State the executor or administrator so


appointed may intervene in such chancery case, if the same


be still pending and shall thereupon be substitued as a party


defendant in the place of said foreign personal representa-


tive and shall thereafter represent the personal estate of




 
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Session Laws, 1892
Volume 397, Page 855   View pdf image (33K)
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