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.
Structure Delaware Code
Chapter 7. JOINT ESTATES AND PARTITION
Subchapter II. Partition Proceedings
§ 721. Petition for partition; persons entitled to apply.
§ 723. Unknown or uncertain parties in interest; description in petition; service by publication.
§ 724. Decree of partition; appointment and duties of commissioners.
§ 725. Appointment of a new commission.
§ 726. Final decree of partition.
§ 727. Proportionment of shares among issue claiming by stocks.
§ 728. Procedure upon petition by all interested parties.
§ 729. Appointment of trustee for public sale of premises; conveyance by trustee.
§ 730. Allotment of primary interests.
§ 731. Deed upon death of purchaser.
§ 732. Title upon sale; transfer of liens to proceeds.
§ 733. Investment or division of sale proceeds.
§ 734. Sales upon credit; purchase money security; preference of mortgage.
§ 736. Dower, curtesy or other estate in undivided shares of parties to partition proceedings.
§ 737. Procedure where dower, curtesy or life estate exists.
§ 738. Advancements; treatment upon partition.
§ 739. Assignment of dower without embracing residue.
§ 740. Election to take dower from proceeds of sale; investment or deposit of widow's share.
§ 741. Appointment of trustee for joint owner's widow with a mental disability.
§ 742. Appraisement of value of widow's dower; payment of widow's share and distribution of residue.
§ 744. Curtesy; barred by wrongful conduct of husband.
§ 746. Partition of several tracts held by same joint owners; power of commissioners and Court.
§ 748. Power of commissioners to make return of partition of part of lands; procedure.