The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-11
CHAPTER eek

or by the intestate laws OF this state from any per
son who may die sezed or poss, ssed of the sam
while being resident OF the state and all properi,
which shall be within this state, and any part o
such property and any interest therein or lneom
therefrom, which snail be transferred by inherit
ance, Distribution bequest devise, deed, grant, sal
or gift aforesaid, made intended TO take effect il
possession or enjoyment after the death of the in
testate, testator grantor or bargainor to any per
persons or 10 a body polite corporate, eX
cepting churches, hospitals and orphan asylums
public libraries. Bible and tract societies. and al
religious. benevolent and charitable institution
and organizations in trust or otherwise or by
| reason whereof any person or body p little or cor
! porate shall become benehcally entitled in pos
session expectancy, to such property, or to tn,
income thereof. other than to or for the use of
father, mother, husband, wife, children, brother
or sister, lineal descendants born in lawful wed
lock, the wife or widow of a son, or the HUSBAND
OF daughter shall be subject to a tax of five dol
lars on every hundred dollars of the clear market
value of such properly to be paid 10 the treasurer
OF the state OF New Jersey for the of the state
and all administrators, executors aud trustees shall
be liable for any and all such taxes until the SAINT
shall have been paid as hereinafter directed; pro
Yided, that estate which may be valued at less
sum than five hundred dollars shall not be subject
| to said duty or tax.
q And be 1t enacted That when any person
shall b queatn or devise, convey, grant, sell OF
giveas aforesaid any pr perry or Interest there
| in, or in ONE therefrom, to father, mother
| hush nd, wife. children, brother or sier, the
widow of n sou. or u iineal desceueant, during
| lite or for a term OF years ana the remainder Il
II collateral heir OF The decedent, to stranger
| in blood or t. a dy polite or corporate, TIL,
property passing sha be appraised immt4
diatey af er the ueath OF the testator or Rrantor
as the case may be-, at what shall then be the
fair martet value thereof in The manner herein
alter provided and after deducIng theretrom
the value of sail life estate, or term OF years
the tax pr, scrlbed by this act on the remainder
| shall be- Immediately due and PAYABLE 10 the
| treasurer OF the state of New Jersey. and, to
| gether with the interest thereon. shall be and
remain lien on said property until the same is
paid provided, thai the person or persons, OF
body polite or corporate beneficially Interested
in the property chargeable with said tax may
| elect not to pay the same until they shall come
into the actual posse sion or enjoyment OF such
| property, or, aud in d at case, such person oil
/ persons, or body polite or corporate shall give
/ b nd to the state of New Jersey in penalty
! three times the amount of the tex arising upon
! personal estate. with such sureties as the chan
! cellpr may approve, conditioned for the pay
ment of said tax and inter, st thereon. at such
time period as the or their repr seutatlves
may come into he actual possession or enjoy
| ment of sues properly, which bond shall be hl'd
| in the office Of the clerk In chancery provided.
further, that such person shall make full veri
| fed return of such property to the chancellor OF
the state and file the same In the office Of the
| clerk in chancery Within one year from the deaii
of the decedent, and within that period enter in
to such security and renew the same every five
! years.
! ent appoints OF names one or more executors OF
| trustees, aud makes bequest or devise OF proI
| ert, TO them in lieu of their commissions OF
allowances, which otherwise would be liable u
said tax or appoints them his n sduary leg
atees and said bequest, d-vlscs or residuary leg
| acfrr EXCEED what would be reasonloie com
/ prnsation Tor their services, such ex ess shat
! be liable o said tax, and the chancellor or IN,
orphans court hav ng jurisdiction In the cas-,
/ shall IA such compensation.
4. And be IL enacted. That all taxes imposed
! by this t. unless otherwise herein provided Tor
| shall b. due and payable on the death OF tht
! tesiatOr grautor or ,ntestate. as the case may
/ be- and il the me are paid within one year, in
- Ia al tam le
! shall lie charged and c,ll cted thereon, out 4
1 not so paid interest II the rate of ten per cen
| Lum per afiiium Shall be charged ana COLLECTED
! from the time said tax accrue, provided, tina
| If said X Is paid thin nine months from th'
accruing thereof, interest shall not b. charged o.
collected thereon. bat discount of five per cen
tuin shall be allowed and deducted from sait
| tax ana in ali cases where the executors, nd
! ministrdtos or trustees do not pay such taS
within one year from TIE death of the decedent
! they shall be required to give bond, In the forn
4 and 70 the effect prescribed IN secti, n TWO O
this act forthe pay nent OF said tax, together
with interest.
per cenium per annum imposed BY section fcu
| hereof Tor the non payment of said tax shall moi
] be charged, where in cases by reason OF claim
made upon the estate. necessary litgati o.
| other unavoidable cause of delay, the estate oil
any decedent, or part thereof, cannot be settled
at the end of u year from the death OF the de
cedenJ aud in such cases only six per centun
per annum shall be charged upon The said TAI
! from The expiration uf such year until the Gauss
of such delay is removed.
Aud be enacted, That any administrator
executor or trustee having in charge r trus
| any legacy property for distribution sub1ec
to said tax, shall deduct the tax therefrom. 'r /
the legacy or property be cot money, he shall col
lect the tax thereon upon the appraised valui
thereof from the irgatee or person entitled to eucl
property, and he shall not deliver or be comp-e,
TO deliver aoy specific legacy or property subj-c
| TO tax to any person until he shall have collected
the tax thereon; and when any such legacy
shall be charged upon or pel able out OF the rea
estate, the heir or devset, befo paying tn
same, shn deduct the said tax therefron ant
J pay he same to The executor, administrator Of
1 trustee. and The same shall remain a charge ~
| such real estate until paid. and the paymen
thereof shall be enforced by the executor. ad
n,inistratnr or trustee in the rame manner thai
! The payment of such legacy might be- enforced
/ IL. however, such gacy he given in money u
any person for limited period, he shall retail
| the tax upon the whole amount but If be MT n
money. he shall make application 10 the cour
! having jurisdiction oil his accounts TO make Al
! apportin'menf, il the case require , of the sun
70 be- paid into his hands by sucn lrgatees, ani
| for such Further order relative thereto rs th
case may requir'
| z. Aud be Il enac ed That all executors, ad
ministrators and trustees snail have full pOwe
| to sell 50 milch OF the property or the deceden
| as will enable them to pay said tax. In The sam
manner rs they may be enabled by law TO do 70
the payment Of debts ct their lesiators and IN
testates and the amount OF said tax shall b
paid aS hereinafter directed
& Aud be il enacte,l, That any sum of none
4 retained by any exect or, administrator or trus
| tee, or paid into ilis hands for any tax or an,
prop riy, shall be- p aid by him, within ihirt.
days thereafter, TO iis treasurer of the state
! New jersey and the said treasurer sha delive
| q receipt of such payment To the comptroller q
the state, whose duty 1t shall be to countersik
the same and return IL ~ the executor. admin
lstrator or Trustee whereupoD IL shall be prot
| er voucher in the settlement of his account, bu
an executor, administrator or trustee shall NJ
he entitled tn credit In his accounts, nor to b
discharged from liability from such tax Il less n
/ shsli produce "A receipt 70 couDtersigDed by tn
4 comptroller, or copy thereof certified by him.
O. And be il enacted That whenever any OF tn
| real estate of which decedent may die seized
shall pass To- any hody polite or corporate, or L
any D, rsons other than the father. mother, nus
band vie, lawful issue, brother or sister, wit
or widow or a son or husband OF a daughter, O
in trust for ih-m, or some OF them II shall b,
the duty of the EXECUTOR, administrators o
trus'e of such dec~dent 10 give information
thereof in writing To the cunpt oer Of the stat
within SIX months af er they undertake the exc
cution II tbei rcspec i've ruli $, or II the fact
not known to them witt in that period, then witt
in one month after the same shall have come I
their knowledge.
TO- And be ii enacted That whenever an
debts shall be proven against the estate OF
decedent, after the payment of legacies O
distribution of property from which the sal
tax has been deducted. or upon which IL ha
been paid, and a refund is made by the lega
tee devisee, heir or next of kin, proportio
of the tax so paid shall be repaid to him b
the executor. administrator or trustee. IL tn
said tax has not been paid to the state treai
urer, or by them II Ii has been so paid.
H. And lac il enacted, That whenever an
foreign executor or administrator shall a.
sign or transfer any stocks or loans in tn
state, standing in the name of decedent O
in trust for decedent which shall be liabl
to the said tax. such tax shall be paid to til
state treasurer on the transfer thereof. ott
erwise the corporation permitting sue
transfer shall become liable to pay such ia,
provided. that such corporation has know
edge before such transfer that said stocks q
loans are liable to said tax.
IL. And be it enacted, That when an
amount of said tax shall have been paid e
+ roneousIy to the state treasurer, 1t shall /
lawful for the comptroller OF the treasur
on satisfactory proof rendered to him
) such erroneous payments TO draw his wa
8 rant on the state treasurer in favor of til
1 executor. administrator, person or person
who have paid any such tax in error or VII
? may be lawfully entitled TO receive the sam
a for the amount of such tax so paid in erro