The Newtown bee., 1899-07-07

ToRNEY GENERAL OF CONNECTICUT.
 Asa good many people are uninform- ed as to the law regarding the taxing ot inheritances, at the suggestion of Judge of Probate Bradley, we print in full a re- cent opinion of the attorney general of Connecticut, Hon Charles Phelps:
 Hon Charles Mersick, State Treasurer, Dear Sir: Your inquiry concerning the construction of certain provisions of the Act of 1897, Chapter POI, entitled, "An Act Providing for Succession Tax" presents two questions :-
 |. Upon what basis Is the succession tax, under the Act referred to, to be computed lis 1t the returned inventory and appraisal: or the inventory and appraisal plus the Increase or accretion of the es- tate, after inventory and before distribu- tionp
 ?. Are the debts, and expenses to be deducted, with the ten thousand dollars exemption, before computing?
 The first Section of the Act referred to provides as follows; "SO much of the es- tate of any deceased person as exceeds sl0,00O in value shall be subject to the taxes hereinafter provided"
 The "estate of any deceased person" comprises assets, real and personal, ,own- ed by the decedent at the time of his death.
 That the amount and extent of these assets may be properly determined, and a conclusion reached as to the valuation Of the ''estate," the law provides that an inventory Of all of the property of the ''estate of every deceased person" shall be made by an executor or administrator, with the aid of two disinterested ap. praisers, and returned under oath, and deposited with the Court of Probate within two months( (2)after the executor or administrator Ia qualified to act. The time limit of two(2 )months is imperative, unless extended by the Court for cause. It is incumbent upon the executor or administrator, therefore, to make an in- ventory of the "estate' immediately up- on his qualification, or within two (2) months thereafter.
 The proceedings incident to the ap- pointment of two disinterested apprass- era, and their examination and approval of the property belonging to the estate, and the making up of the inventory and It's return to Court by the executor or administrator often, and necessarily so, consume large part of two (2) months allotted for that transaction.
 In many cases, however, the filing of an inventory, even upon an important estate. may be consummated in single day, and when the inventory is filed, de- posited with the Court and accepted, it determines the value and extent of the estate. It is then known from what amount the sum of the exemptions is to be deducted.
 In the absence of any special pro- visions or decisions upon the subject, the logical conclusion would dictate the SC lection of the inventory as the basis upon which to compute the tax in question :; but Section 5 of said Act seems to pro- vide In terms for this special matter, and indicates clearly, in express language, what shall be the basis upon which the succession tax Is to be computed. A portion of said Section reads as follows ssThe Court Of Probste having jurisdic- tion of the settlement of any estate, shall, within tan (l0) days after the filing of a will, or the application for letters of ad- minlstration, if, in hia opinion, said es- tate exceeds In value said sum of ten thousand dollars (slO, ,O00), send to the Treasurer of the State certificate Of the ding of such will or application, and shall, within tsn Ll0) days after tho return snd acceptance Of the inventory and ap- {