Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1901-06-06
4, 81 Published Nav q
CHAPTER DE =

NO I'4' 81 Published May 8, aNs
AN ACT to amend chapter 355 Of +ho
of 1899, entitled An act for a tov ~, Il
inheritances, requests and .egaces i6 Ss
tain cases"
The people of the State of Wisconsi, #E
as follows
Section !. Section l of [chapterl 355 "A S
laws of 1899 is hereby amended to reoa q
follows: Section l. A tax shall he ~ 8
hereby imposed upon any transfer If M
personal property, of the value of zen "A 81
sand dollars or over, or of any intn T##
therein, or income therefrom. in trmSt
otherwise, to any persons or Corporatia&
except any corporation, organized for Azz
religious, charitable or educational nurn Xs
when uses the property so transferrad#*
1t solely for the purposes of its organi3#
ton, in the following cases:
First. When the transfer is Inv viii #|
by the lnteState laws of this state a.
any person dying possessed of the pronaAss
while resident of the state.
Second. When the transfer is by will 81
interstate law, of property within the -
and the decedent was nonresident Of H.
state at the time of his death
Third. When the transfer is of propeFE.
made by resident, or by non-resid9#
when such non-resident's property is NJ
in this state, by bargain, sale or gift M ~
in contemplation of the death of the n
dor or donor, or intended to take effect III
possession or enjoyment at or after s.
death
Fourth. Such tax shall be imposed whds
any such person or corporation beconI4S
beneticially entitled, in possession or @,
pectancy, to any personal property or q.
income thereof by any such transfa
whether made before or after the passans
of TINS act.
Fifth. Whenever any person or corpors
ton shall exercise a power Of appointmeS'
derived from any disposition of proper#
made either before or after the passage s.
this act, such appointment when made shaX
be deemed a transfer taxable under the M
visions of lus act in the same manner h
though the property to which such appoiuK
ment relates belonged absolutely to III
dOnee of such power and had been m
queathed or devised by such donee hy Vii
and whenever any person or corporatids
possessing such power of appointment
derived shall omit or fail to exercise al
same within the time provided therefor e
whole or i'll part, transfer taxable undo
the provisions of this act shall be dpeme
to take place to the extent of such Omissioa
or failure, in the same manner as thouA
the persons or corporations therby becoming
entitled to the possession or enjoyment Ii
the property to which such power rclateS
had succeeded thereto by a will of "A
dOnee of the power failing to exercise sucI
power, taking effect at the time of srcI
omission or failure.
Sixth The tax so imposed shall be I'd
the rate of five per centum upon the cleaI
market value of such property, except al
otherwise prescribed In the next section
Section 2. Section 2 of chapter 1855 Of thS
laws of 1899 is hereby amended to read al
follows: Section 2. When the property, Of
any beneficial interest therein, passes bJ
any such transfer to or for the use Of any
father, mother, husband, wife, child
brother, sister, wife or widow of q son OF
the husband of a daughter, or any child OF
children adopted as such in conformity with
the laws Of this state, of the decedent,
grantOr, donor or vendor or to any child I'd
whom any such decedent, grantor, donor OF
vendor, for not less than ten years prioI
to such transfer, stood in the mutually ac
knOWledged relation of Il parent, provided
however, such relationship began at or be.
fore the child's fifteenth birthday and was
continuous for said ten years thereafter,
cor to any lineal descendant of such de-
cedent, grantOr, donor or vendor, born in
lawful wedlOck or to any lineal descendant
Of any lawfully adopted child of such de-
cedent, grantOr, donor, or vendor" or to
any lineal descendant Of q brother or sister
of such decedent grantor, donor or vendor
sucA transfer of property shall not be tax.
able under this act, unless 1t is of the value
OF ten thousand dollars or more, in which
case it shall be taxable under this act at
the rate of one per Centum upon the clear
market value OF such property.
Section 3. Section of chapter 1856 Of the
laws of 1899 is hereby amended to read as
follows: Section 4. If such tax is paid
within one year from the accruing thereof
a discount of five per centum shall be al
is not paid within eighteen months from the
accruing thereof interest shall be charged
and collected thereon at the rate Of ten per
centum per annum from the time the tax
accrued; unless by reason of claims made
upon the estate, necessary litigation OF
other unavoidable cause of delay, such tax
shall not be determined and paid as herein
provided, in which case interest at the rate
OF six per centum per annum shall be
charged upon such tax from the aCcruaI
thereof until the cause of such delay is re-
moved, after which ten per Centum shall
be charged. In all cases when a bond shall
be given under the provisions of section
of this act, interest shall be charged at the
rate of six per centum from the accrUal OF
the tax, until the date of payment thereof
Section 4. Section of chapter 1855 of the
laws of 1oJ9 is hereby amended to read as
follows: Section 5. Every executor, admin
lstrator or trustee shall have full power to
sell so much of the property of the de
cedent as will enable him to pay such tax
In the same manner as he might be en-
titled by law to do for the payment of the
debts of the testatOr or interstate. ANY
such administrator, executor or trustee haY
ing in charge or in trust, any legacy OF
property for distribution subject to suci
tax shall deduct the tax therefrom; ana
within thirty days therefrOm shall pay over
tie same to the county. treasurer, as hereil
provided. If such legacy or property pc MOI
in money, he shall collect the tax thereon
upon ,4e appraised value, thereof from the
person entitled thereto. He shall not ue
liver or be compelled to deliver any Spe
cific legacy or property subject to tax ul
der this act, to any person until he SnaiI
have collected the tax thereon. If any sucl
legacy shall be charged upon or payable our
of real property, the heir or deyisee Shaii
deduct such tax therefrOm and pay II "
the administrator, executor or trustee, anu
the tax shall remain a lien or charge Oh
such real property until paid, and the pay
ment thereof shall be enforced by the eX'
cctor administrator or trustee in the same
manner that payment of the legacy inlen'
be enforced, or by the district attorney VIZ
der section fourteen of said act. If any
such person for limited period, the adiniH
istratOr, executor or trustee shall retain tht
tax upon the whole amount, but II 1t be nol
in money he shall make Application 10 ihe
court having jurisdiction Of an accoudni!lLhss
by him to make an appOrtiOnment II lle
case require it, of the sum to be PAD mt
his hands by such legatees, and for SucI
further order relative thereto as the case
may require.
Section 5. Section Of chapter 355 Of the
laws of 1899 is hereby amended to read az
follows: Section 6, If any debt shall DE
proved against the estate Of the decedGn'
after the payment of any legacy, or distrI3
utlve share thereof, from which any snGl
tax has been deducted, or upon which 1t mas
been paid by the person entitled to sucl
legacy or distrlbutiye share, and such per
son is required by the order of the county
court having jurisdiction thereof on not 4II
to the secretary Of state to refund m
amount Of such debts or any part the II -,
an equitable proportion of the tax SHAH oe
repaid to him by the executor, admins
traitor or trustee, if the tax has not 6e zen
paid to the county treasurer, or repaid ny
such treasurer or state treasurer, II sue
tax has been paid to him Hhen az
amount of said tax shall have been palt
enormously 70 into the state treasury, it shaI
be lawful for the secretary Of state up2Il
proofs presented to him OF th'
facts, to require the amount Of such erro
neous or illegal payment TO be reIundeu u