The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-03

!, all the decedents property in this stats
and the value thereof; and upon the pre-:
issue a citation directed to such county
treasurer; and upon the return of the
citation the probate court shall determine
the amount of the tax which may be or
become due under the provisions of this
act and his decree awarding the letters
may contain any provision for the pay
therefor which might be made by such
probate court if the county treasurer
were creditor of decedent.
Sec. II. The probate court, upon the
application of any interested party, in
Guiding county treasurers, or upon his
own motion, shall, as often as and where
occasion requires, appoint two CD COM
petent persons as appraisers to fix the
fair value at the time of the transfer
thereof of property of persons whose es-
tates shall be subject to the payment OF
any tax imposed by this act.
lf the property upon the transfer OF
which a tax is imposed shall be an estate.
income or interest for term of years,
or for life, or determinable upon any fu-
ture Or contingent estate, or shall be a
remainder or reversion or other expect
ancy, the entire property or funds by
supported, or of which it is d part, shall
be appraised Immediately after such
transfer. or as soon thereafter as may ba
practicable, at the fair and clear market
value thereof at that time.
Provided however, that when such es-
tate, income or interest shall be of such
udluTo LHdC us lar ana Clear marker
value cannot be ascertained at such time.
il shall be appraised in like manner at
the time when such value first became
aScertainable.
The value of every future or contingent
or limited estate, income, interest or an
nuity dependent upon any life or lives in
being shall be determined by the rule.
method and standard of mortality and
value employed by the insurance COM
missioner of this state in ascertaining the
value of policies of life insurance for the
orr inc nf 1Int <Nf
ance companies; except that the rate of
interest for computing the present value
of all future and contingent interests or
estates shall be five 90 per centum per
annum.
Sec r. Every such appraiser shall
forthwith give notice by mail to all per-
the property to be appraised, including
the county treasurer, AMI to such persons
as the probate court may by order direct,
of the time and place when they will
apprafse such property.
They shall at such time and place ap-
praise the same at it's fair market value
as herein prescribed, and for that pur-
pose the said appraisers are authorized
to issue ,subpoenas and to compel
the attendance of witnesses before
them, and, to take evidence of such wit
city and the value thereof; and they
shall make. report thereof and of such
value in writing to the said probate court.
witnesses examined ard such other
facts in relation thereto and to the said
matter as said probate court may order
on the certificate of the probate court at
the rate of three (3) dollars per day ac-
tually and necessarily employed in such
appraisal, and their actual and necessary
travelling expenses and the fees paid such
witnesses which fees shall be the same
as those now paid to the witnesses SUBJ
poenaed to attend in courts of record, By
the county treasurer, out of any funds he
may have in his hand on account of any
tax imposed under the provisions Of this
act.
Sec. IS. The report of the appraisers
shall be filed in the Office of the probate
court, and from such report and other
proof relating to any such estate before
the probate. court the court shall forth
value of all such estates and the amount
of tax to which the same are liable with
out appointing any appraisers.
The insurance commissioner shall, on
the application of any probate court, de-
termine the value of any such future or
contingent estates, income or interest,"
limited, contingent. dependent or dete|
minable upon the life of persons in beirts,
upon the facts contained in any report OF
such appraisers, and certify the same to
the probate court. and his certificate shall
be conclusive evidence that the method Of
computation adopted therein is correct.
Any person dissatisfied with the APP
pra1Sement or assessment and determine
ton of tax may appeal therefrom to the
the fixing, assessing and determination of
tax as herein provided, uron filing in the
Office of the probate court the written no.
tice of appeal, which shall state the
ground upon which the appeal is taken.
The probate court shall Immediately
give notice upon the determination by 1t
taxable under this act and of the tax to
which it is liable TO all parties known to
be interested therein.
Sec. Il. If the treasurer of any county
NC haua m hal hot tox
is due and unpaid under this act, after
the refusal or neglect of the persons liable
therefor to pay the same, he shall notify
the county attorney of the county in
writing of such failure or neglect, and
such county attorney, if he have probable
Cause to believe that such tax is due and
for citation citing the persons liable to
pay such tax to appear before the court
on the day specified not more than three
CD months from the date of such citation
and show cause why the tax should not
be paid. The judge of the probate court,
upon such application, and whenever it
shall appear to him that any such tax ac-
crulng under this act has not been paid
as required by law, shall issue such cita-
ton, and the service of such citation and
the time, manner and proof thereof, and
the hearing and determination thereon
shall conform as near as may be to the
provisions of the probate code of this
state, and whenever it shall appear that
any such tax is due and payable, and the
the provisions of this act in said probate
court. the person or corporation from
whom the same is due is hereby made
liza BILE to the county of the probate court
having jurisdiction over the estate or
property for the amount of such tax, and
Il shall be the duty of the county attorney
of said county to sue for and enforce the
collection of such tax, aud it is made the
duty of said county attorney to appear
for and act on behalf of any county treas
urer who shall be cited to appear before
TO
this act.
Sec. Is. The auditor Of the state shall
furnish to each probate court q book
which shall be a public record, and in
which shall be entered by the judge of
said court, the name of every decedent
upon whose estate an application has been
made for the issue of letters of admins
tration, or letters testanentary or an
cillary letters. the date and place of death
of such decedent, the estimated value of
the property of such decedent, names and
places of residence and relationship TO
decedent of the heirs at law OF such de-
cedent: the names and places of resi-
dence of the legatees and devsees in any
will of any such decedent. the amount OF
each legacy, and the estimated value Of
any property devised therein, and 10
whom devised.
These entries shall be made from the
data contained in the papers filed on any
such application, or in any proceeding re-
lating to the estate of the decedent
The judge of probate shall also enter in
such book the amount OF the property OF
any such decedeut. as shown by the in
ventory thereof when made and filed in
his office, and the returns made by any
appraisers appointed by him under this
act and the value of annuities, life es-
tates, terms of years and other property
of any such decedept, or given by such
decedent in decedent's will or otherwise
as fixed by the probate court, and the tax
assessed thereon. and the amounts of any
receipts for payment of any tax upon the
estate of such decedent under this act
filed with him.