Upon the death of Mr. Nikrandt his estate vested in his heirs at law, subject to rights of creditors, if any, and expense of administration, and the special administratrix could not file the bill herein. We so held in Windoes v. Colwell, 247 Mich. 372. The brief for plaintiff alleges the names of the heirs at law and asks, if we find as above stated, for leave to join proper parties as plaintiffs.

It would be an idle ceremony, resulting in delay and unnecessary expense, for this Court to grant appellant's motion to dismiss the bill of complaint after the intervention of a proper party plaintiff who in event of dismissal, could forthwith renew the suit by filing a like bill of complaint. See CL 1929, §§ 14018, 14021; and Windoes v. Colwell, 247 Mich. 372." King v. Emmons, 283 Mich. 116, 126 (115 ALR 564).

Upon the death of the owner of real estate, title passes to and vests in the heirs, not to the personal representatives. Windoes v. Colwell, 247 Mich. 372. See, also, Webber v. Detroit Fidelity Surety Co., 263 Mich. 144; Burnham v. Kelley, 299 Mich. 452 (syllabus 11). For proceedings as to sale under probate court jurisdiction, see CL 1948, § 709.2 et seq. (Stat Ann 1943 Rev and Stat Ann 1953 Cum Supp § 27.3178 [462] et seq).

Berry v. Bruce, 317 Mich. 490; White v. Mt. Beulah Baptist Church, 319 Mich. 392; United Armenian Brethren Evangelical Church v. Kazanjian, supra. The trial court properly added as parties plaintiff those members of defendant church who had signified a desire for continued adherence to the Congregational denomination. CL 1948, § 612.13 (Stat Ann § 27.665); Windoes v. Colwell, 247 Mich. 372. Whatever its previous status, defendant is, since the 1948 amendments, definitely not Congregational and, accordingly, the decree of the trial court properly provided, in effect, that defendant should be enjoined from use of the property in question and its officers and members from interfering with plaintiffs' use thereof and that the latter are entitled thereto. The decree should have provided for transfer to and quieting of title in plaintiffs for Congregational church purposes.

It is the general rule that when no claims have been proved against the estate, a bill in equity may not be maintained by a special administrator to reach real estate voluntarily conveyed. See Windoes v. Colwell, 247 Mich. 372, and Angel v. Waligora, 296 Mich. 142. Under chapter 2, § 60, of the probate code, Act No. 288, Pub. Acts 1939 (Comp.

Such joinder has, on occasion, been ordered by this court. Windoes v. Colwell, 247 Mich. 372, 375; Haylor v. Grigg-Hanna Lumber Box Co., 287 Mich. 127, 136; DeLong v. Marston, 308 Mich. 63, 69. These parties should be afforded an opportunity to appear, be represented, answer, and be heard on the merits of this controversy. To this extent we agree with the statement of the trial court:

"This statute, broad and comprehensive in its terms, is remedial in character and liberally construed. Gillen v. Wakefield State Bank, 246 Mich. 158; Windoes v. Colwell, 247 Mich. 372."

Ann. § 27.665). See Windoes v. Colwell, 247 Mich. 372; Gillen v. Wakefield State Bank, 246 Mich. 158. If it be deemed that others against whom frauds are alleged by defendant in this proceeding are necessary parties for a complete adjudication of the rights of all concerned, they may also be joined, on application to the circuit court, or on its order, sua sponte; and requisite amendments may be made to the pleadings to conform therewith.

It would be an idle ceremony, resulting in delay and unnecessary expense, for this court to grant appellant's motion to dismiss the bill of complaint after the intervention of a proper party plaintiff who in event of dismissal, could forthwith renew the suit by filing a like bill of complaint. See 3 Comp. Laws 1929, §§ 14018, 14021; and Windoes v. Colwell, 247 Mich. 372. As bearing upon appellant's right to insist upon its motion to dismiss, appellee asserts in his brief that the George H. Cummings Foundation "has no status in this court."

And, ordinarily, if the proper parties plaintiff are not joined, this court will direct the joinder of the proper parties plaintiff on appeal. Gillen v. Wakefield State Bank, 246 Mich. 158; Windoes v. Colwell, 247 Mich. 372. Under the rule of Hoffman v. Ross, supra; Hunt v. Hunt, supra; Fenton v. Miller, supra; and Schultz v. Dennison, supra, the trial court should have compelled an accounting by plaintiffs for the proceeds derived from the premises here involved.