Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 723
Unknown or uncertain parties in interest; description in petition; service by publication
If in any cause in partition it is unknown whether any person shown by the facts set forth in the petition to be interested in the lands and premises, or any of them, of which partition is desired is living or dead, or in any case where the person is dead and it is unknown whether that person left any heirs or any of the heirs are unknown, then the petition may describe such unknown heirs as the heirs of the person who, if living, would be a proper party, and the petition, in cases under this section, shall pray that notice of the substance and object thereof may be given by publication as provided by § 722 of this title and the rules of the Court of Chancery for publication in cases of nonresidents. Upon such a petition the Court shall order notice to be given to the heirs of such deceased person by publication.
Amendment history
70 Del. Laws, c. 186, § 1
Source: view the official text
In this title (40 sections)
- 25-311 · Conveyance of real estate to create either joint tenancy with…
- 25-312 · Acquisition and conveyance of title to real estate by persons…
- 25-313 · Contract for sale of unimproved real estate; notice to buyer…
- 25-314 · Contract requirements for the sale of real estate involving…
- 25-315 · Contracts for sale of agricultural lands
- 25-316 · Display of flags
- 25-317 · Restriction on fee collection for community amenities by…
- 25-317A · Required disclosure of financial obligations in chain of…
- 25-318 · Restrictive covenants
- 25-319 · Private transfer fee prohibition
- 25-501 · Powers of appointment; effect of rule against perpetuities
- 25-502 · Release of powers of appointment [For application of this…
- 25-503 · Rule against perpetuities
- 25-504 · Certain powers of appointment
- 25-505 · Exercise of powers of appointment
- 25-506 · Rule against accumulations
- 25-701 · Creation of estate in joint tenancy; exception
- 25-702 · Actions for use and occupation between cotenants
- 25-721 · Petition for partition; persons entitled to apply
- 25-722 · Service of summons
- 25-723 · Unknown or uncertain parties in interest; description in…
- 25-724 · Decree of partition; appointment and duties of commissioners
- 25-725 · Appointment of a new commission
- 25-726 · Final decree of partition
- 25-727 · Proportionment of shares among issue claiming by stocks
- 25-728 · Procedure upon petition by all interested parties
- 25-729 · Appointment of trustee for public sale of premises; conveyance…
- 25-730 · Allotment of primary interests
- 25-731 · Deed upon death of purchaser
- 25-732 · Title upon sale; transfer of liens to proceeds
- 25-733 · Investment or division of sale proceeds
- 25-734 · Sales upon credit; purchase money security; preference of…
- 25-735 · Costs
- 25-736 · Dower, curtesy or other estate in undivided shares of parties…
- 25-737 · Procedure where dower, curtesy or life estate exists
- 25-738 · Advancements; treatment upon partition
- 25-739 · Assignment of dower without embracing residue
- 25-740 · Election to take dower from proceeds of sale; investment or…
- 25-741 · Appointment of trustee for joint owner’s widow with a mental…
- 25-742 · Appraisement of value of widow’s dower; payment of widow’s…