91-1-29 - Heirs to be cited to appear.
§ 91-1-29. Heirs to be cited to appear.
All the heirs at law and next of kin of said deceased who are not made parties plaintiff to the action shall be cited to appear and answer the same. And in addition thereto a summons by publication shall be made addressed to "The heirs at law of ________ , Deceased," and shall be published as other publications to absent or unknown defendants, and the cause shall be proceeded with as other causes in chancery, and upon satisfactory evidence as to death of said person and as to the fact that the parties to said suit are his sole heirs at law, the court shall enter a judgment that the persons so described be recognized as the heirs at law of such a decedent, and as such be placed in possession of his estate. And said judgment shall be evidence in all the courts of law and equity in this state that the persons therein named are the sole heirs at law of the person therein described as their ancestor.
Sources: Codes, 1906, § 2791; Hemingway's 1917, § 311; 1930, § 360; 1942, § 1271; Laws, 1991, ch. 573, § 127, eff from and after July 1, 1991.