§ 84-257. Actions to determine persons entitled to real property - Description of parties - Publication of notice.

Where any person dies intestate possessed of real property in this state, or dies having devised pursuant to the law of this state any real property in this state, in terms to "heirs," "relations," "nearest relations," "representatives," "legal representatives," "personal representatives," "family," "issues," "descendants," "nearest of kin," or to persons by any other description or designation which leaves at large the names or individual identity of the particular person embraced therein, and the period of one (1) or more years since the death of such intestate or testator has elapsed without their having been a decree by the district court of the county having jurisdiction to administer upon his estate, wherein it was judicially determined who, by name, are or were all the particular persons entitled to participate in the distribution of such real property under such devise or the law of succession, or where the grantees in any deed, or deed of patent made and issued or designated as "the devisees," of "the heirs at law" or "the legal representatives" of a named deceased person, without naming them, or by any other description or designation which leaves at large the names or individual identity of the particular persons embraced therein, the name and individual identity of each and all the persons who take or were entitled to take such real property and the proportion or part thereof which each takes or was entitled to take, immediately under such testamentary devise, or grant, or the law of succession, may be judicially determined and jurisdiction thereto invoked in the manner following:  In any action which relates to or the subject matter of which is such real property, or for the determination in any form of any interest, right, title or estate therein, or in which the relief demanded consists wholly or partly in excluding the defendants or any of them from any interest, right, title or estate therein, the plaintiff may allege, among other things, in his petition, the facts showing such testamentary devise, or grant of, or intestate succession to, such real property, and (regardless of whether they or any of them be living or dead) the names as he is informed and believes, all of the devisees, or grantees, or heirs at law, as the case may be, who take or were entitled to take such real property and the proportion or part which each takes or was entitled to take therein, immediately under such devise, or grant, or intestate succession; and he may make all such devisees, or grantees, or heirs at law, their heirs, executors, administrators, devisees, trustees and assigns, parties defendant in such action under the description, and have service of notice by publication upon them under such description, to-wit:  "The heirs, executors, administrators, devisees, trustees and assigns, of __________ deceased."  (Naming such testator, or intestate, or the person stated in such deed or patent to be deceased, as the case may be.

Laws 1919, c. 261, p. 371, § 1; Laws 1965, c. 27, § 1, emerg. eff. Feb. 26, 1965. der