Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-12-18
NrMBER Is
NUMBER 46.
AN ACT TO TAX COLLATERAL INNER
TANCES.
.roved November Z. 1896.


It is hereby enacted by the General AS
sembiy of the State OF Vermont;
/ Sec. / All property within the jurisdic-
ton Of this State, and any Interest therein,
whether belonging to Inhabitants OF this
State or not. and whether tangible or in
tangible. which shall pass by will
or by the intestate laws of this State,
or by deed. grant. SALE or gift made or in
tended to take effect in possession or en-
joyment after the death Of the grantor. TO
any person in trust or otherwise, other
than 70 or for the use OF the father, moth
er husband, wife, lineAl descendant. adopt
ed child, the lineal descendant of any
adopted child. the wife or widow OF a son,
or the husband Of the daughter OF de-
cedent or to or for charitable, educa-
tional or religious societies or institutions,
the property OF which is exempt by law
from taxation, shall be subject to a tax Of
five per ccn.um OF it's value. for the use OF
the State, and all admin s,rators. executors
ard trus;eesi ard any such grantee under a
conveyance made during the grantcr's
life shall be liable for all such taxes, with
lawful interest as hereinafter provided
until the same shall have hcen paid as
hereinafter directed. provided. however
that no estate shall be subject 10 the pro-
visions Of this act. unless the value OF the
same, after payment OF debts and expenses
OF administration, including money paid out
under order Of the Probate Court for the
purchase OF burial stones. shall exceed the
sum Of two thousand do.Ars.
Sec. .. When any person btquelths or
devises any property 10 or for the use OF
father, mother husband. wife. iueal de-
sccndant, an adopted child. the hneal de-
sccrdant Of any adopted child. the wife or
widow q a son OK the husband OF a daugh-
ter. during life or for term OF years and
the remainder TO a collateral heir or 10 n
stranger to the blood the value OF the prior
estate shall. within three months after the
date OF giving bond by the executor, adj
minisjra tor or trustee. be appraised in the
manner hereinafter provided and deducted
from the appraised value Of such property
and the remainder shall be subject 10 a tax
OF five per ceutum Of its vaiue.
Sec. g. Whenever a decedent appoints
one or more executors or trustees, and IN
lieu OF their allowance makes "A beduest or
devise OF property 70 thcm which would
otherwise be liable to said tax. or appoints
them his reslduary legatees. and said be-
quests, devises or restduary lcgacies ex-
coed what would he IA reasonable compen-
satlon for their services. such excess shan
be liable to such TAX. and the PrJhat e
Court having Jurisdiction Of their accounts.
upon the Application Of any one interested
or the commissioner Of State taxes, shall
fix srch compensa- ion.
Sec. l. All taxes imposed by this act
shall be payable 10 the TREASURER OF the
State by the executors. adminlstra tors.
trustees. grantees or donces at the expirl-
ton Of one year from thc.date Of the issu-
ing OF letters tes,ameutAry or Of admins
traiicn. the appointment OF a trustee, or
the death Of a grlDtor or donor: provided,
that whenever legacies or dlstributlve
shares are paid within the one year. the
taxes thereon shall be payable NJ the time
the same are paid. and further providing
that the Probate Court may extend the
time when any taxes shall he due ard pay
able whenever IN the Judgment OF said
court the circumstances OF the case may
require.
Sec. s. ANY administrator. executor or
trustee having in charge or trust any
money or other property subject TO said
TAX, snail deduct the tax the-cfrom. or
shall collect the tax thereon from tho lega-
tee or person entitled 10 said money or
other properly, and he shall not deliver any
specific legacy or property subject to said
tax 70 any person until he has collected the
tax thereon.
Sec. 6 Whenever any legacics subject "a
said tax are charged upon or payable out
OF any real estate. the heir or devlsee, be-
fore paying the same, shall deduct said tax
ltherefrom and pay II 20 the executor. adj
ministrator or trustee and the same shall
remain n charge upon said real estate until
Il IS paid; and payment thereof shall he en-
forced by the executor, administrator or
trustee in the same manner as the pay
ment OF the legacy Itself could be enforced
Sec. T. The Probate Court may license
administrators, executors and trustees IL
sell real estate Of one deceased for the pay
. ment OF said tax. in the same mannee as
administrators and executors may be
licensed to sell real estate for the payment
OF debts.
Sec, s. The value OF such property as
may be subject to said tax shall be rs
actual market value as found by the judge
or probate but the commissioner OF state
. taxes, in person may, or the states attor.
|ney OF the county where the estate Is be-
ing settled when by the commissioner dl.
irected shall, or any person Interested In
the succession to said property, may apply
to the judge Of proJlte having jurisdiction
or the estate, and on such application The
judge shall appoint three disinterested per,
sons, who, being flrst sworn. shall view
and apprase such property at Is actual
market value for the purposes OF said tax
, and shall make return thereof to said Pro.
bato Court, which return may be accepted
. by said court in the same manner as the
original inventory OF such estate Is accept.
ed, and II so accepted It shall be binding
upon the person by whom this tax Is TO b.
I paid, and upon the State, And the fees oi
tho appraisers shall be fixed by the Judge
OF probate and paid by the executor, ad.
, miniStrator or trustee. In case of an an
nuity or life estate the value thereof shall
be determined by the so called aotuarjes
combined experience tables and FIVE pei
cent compo-dd interest.
Sec. Q. Whenever. for any reason, the de
visee, legatee or heir, who has paid any
such tax, afterwards refunds any portion
of the property on which II was paid, oil
II is judicially determined that the Who'll,
or any part Of such tax ought not to hav,
been paid, said tax, or the due proporttona
part of said tax, shall be paid back to hin
by the executor, administrator or trustee
or tho state treasurer If the same has beer
paid to the State
Sec. TO- The Court of Probate, having
either principal or ancillary jurisdiction O
the settlement of the estate of the deoed
ent, shall have jurisdiction to hear and
= determine all questions in relation to SAFE
tax that may arise affecting any devise
legacy, or Inheritance under this act, sub
ject TO appeal as in other cases. and tn,
commissioner OF state taxes shall repre-
sent the interests of the State in any sucl
proceedings, either in person or by th'
states attorney Of the county where thu
question Is pending when the commission
I er 80 directs.
Sec. II. When ever Il becomes apparent
to judge Of probate that an estate within
his Jurisdiction is likely to be subject to {
! tax under the provisions of this act, hi
shall thereupon send 10 the COMMISSIONS
, Of state taxed a statement Of such fact