The Newtown bee., 1899-07-07

praisal of any such estate, send certified copy of said inventory and appraisal to the Treasurer of the State, together with hls certificate as to the correctness, in his opinion, of said inventory and appraisal; and if no new appraisal Is made, as here matter provided, the valuation therein given shall be taken as the basis for con- putting said taxes. The said Court or Probate shall, on the application Of the Treasurer of the State or any person in- terested in the succession thereof, and within four (D months after granting administration, appoint three(3) disinter- ested persons, who shall view and ap- praise such property at It's actual value for the purposes of said tax, and make return thereof to said Court, and on the acceptance of said return after public mo- tice and heating, the valuation therein made shall be binding upon the persons interested, and upon the state."
 If the "valuation therein given" must be taken, then that valuation becomes a fixed standard not subject to change by the bookkeeping of the executor or ad- ministrator. The ''vslustion therein giv. en'' has reference to the valuation given in the inventory and appraisal.
 But the valuation not only becomes the basis for computation but becomes "binding upon the persons interested, and upon the State,' in the express lam guage of the statute, after the final ap- praisal.
 The language of the statute becomes more emphatic as 1t proceeds; the parties in interest are to be bound by the valua- ton given in the appraisal. If that be true, the State is in no wise interested in either the increase or shrinkage of the estate; the standard has already been fixed and it Is difficult to see by what authority it can be changed.
 The purpose and intent of the law was to fix definite standard; not liable to fiuctuation; but standard upon which 8 mathematical calculation might be based.
 There Is no suggestion in any part of the Act indicating purpose of adding the income to the principal. And indeed, no provision is made for determining the amount or extent of the income or in- crease, or for determining the time when it should be added to the principal.
 Section of said Act provides that, "All taxes imposed by this Act shall be paid to the Treasurer of the State by the executor or administrator within one year after the qualification of such exec utor or administrator, etc."
 Itis clear, therefore, that the executor or administrator, so far as the state is concerned, may pay the tax imposed by this Act at any time after the four( (4 months allowed by law for re-appraisal, and before the close of the year, dating from his qualification.
 This would indicate that the Act did not contemplate that the earnings, ad- ditions or increase of the estate should be added to the principal, before allowing the executor or administrator to pay the tax.
 There is only one way provided in the Act itself for cLange In the valuation 1; and that is by 8 revaluation or 8 reap praisal on application of the State or any person interested in the succession.
 This application, also, must be made within four( )months after the adminis- tration is granted. The change must be made within that time or not at all, by an application made to the Court for the appointment of three (3l ldisinterested per- sons to view and appraise the property for the special purpose of taxation. If this is not done, the original inventory and appraisal stand, and the valuation therein gwen constitutes the basis upon which the succession tak is to be com puted.
 My conclusion, therefore, is that the valuation given in the Inventory and ap- praisal, which is returned and accepted, forms the basis for computing the tax, independent of the increase of the estate in the hands of the executor or adminis- trator.
 Regarding the second question, think it Ia clear that the intention of the law Is to impose tax upon that part of the es- sate which passes to the heir or benefici- ary. Section ? of the Act in question proves Ehats ssIn all such estate any property within the jurisdiction of this State, and any interest therein. whether tangible or intangible, and whether be- longing to parties in this State or not, which shall pass by will or inheritance laws Of this state, etc., etc., shall ba H. l able to tax. etc.
 It is evident then that that part Of she !