New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

return it to the executor, administrator
or trustee, whereupon it shall be proper
voucher in the settlement of his accounts.
No executor, administrator, or trustee
shall be entitled to a final accounting of
an estate, in the settlement of which a
tax may become due under the provisions
OF this act, until he shall produce a re-
ceipt, so sealed and counters1gned by the
state auditor, or a certified copy of the
same. All taxes paid into the county
act shall Immediately be paid into the
state treasury upon the warrant of the
state auditor and shall belong to and
be a part of the revenue fund of the
Sec. g. Every tax imposed by this act
shall be a lien upon the property en-
braced in any inheritance, devise, be-
quest, legacy or gift until paid, and the
person to whom such property is trans
ferred and the administrators, executors
and trustees OF every estate embracing
such property shall be personally liable
extent of the value Of such property.
Sec. Z. If such tax Is not paid within
one year from the accruing thereof, in
terest shall be charged and collected there
on at the rate of seven 60 per centum
tax is due, unless, by reason of
gafon oP ohes s u 4staH caaEs
of delay, such tax cannot be determined
as herein provided; in such case inter-
est at the rate of six per centum per
from the accrual thereof until the cause
of such delay is removed, after which
seven % per centum shall be charged.
or trustee shall have full power to sell
SO much Of the property embraced in an
inheritance, devise, bequest or legacy as
will enable him to pay the tax imposed by
this act, in the same manner as he might
be entitled by law to do for the payment
or the debts Of a testator or lntestate.
Sec. 8. If any bequest or legacy shall
nf INV
property, the heir or devisee shall deduct
such tax therefrom and pay such tax to
and the tax shall remain lien or charge
on such property until paid; and the pay
ment thereof shall be enforced by the
executor administrator or trustee in the
or legacy might be enforced, or by the
county attorney under section 20 of this
act If any bequest or legacy shall be
given in money to any person for linn
tied period, the administrator, executor or
trustee shall retain the tax upon the
whole amount; but if it be not in money,
having Jurisdiction of an accounting by
him to make an apportionment if the
case requires, of the sum to be paid into
his hands by such legatee or beneficiary,
and for such further order relative there
TO. as the case may require.
sec. III. When any tax imposed by this
act shall have been enormously paid,
wholly or in part. the person paying the
same shall be entitled to a refundment of
the amount so enormously paid, and the
auditor OF state shall, upon satisfactory
proofs presented to him Of the facts re-
latlng thereto, draw his warrant upon the
state treasurer for the amount thereof in
favor of the person entitled thereto; pro-
Vlded, however, that all applications for
such refundng of erroneous taxes shall
De made within three years from the pay
ment thereof.
traitor or trustee shall assign or transfer
any stock or obligations in this state,
standing in the name of the decedent, or
in trust for a decedent, liable to any such
tax, the tax shall be paid to the treas
urer of the proper county on the trans
fer thereof and no such assignment or
transfer shall be valid until such tax is
paid
Sec. ~. No safe deposit company.
oank or other institution, person or PEI
sons holding securities or assets OF
the same to the executors, admins
traitors or legal representatives of said
decedent. or upon their order or request,
unless notice of the time and place Of
such intended transfer be served upon
the county treasurer, personally or by
represent atlve. to examine said securities
at the time Of such delivery or transfer.
If upon such examination the county
treasurer or his said representatives shall
Tor any cause deem it advisable that such
securities or assets should not be imme-
forthwith notify in writing such COM
pany, bank, institution or person to defer
delivery or transfer thereof for a period
not to exceed ten days from the date of
such notice. and thereupon it shall be
the duty OF the party notified to defer
such delivery or transfer until the time
stated in such notice or until the revoca-
ton thereof within such ten days. Fail
ure to serve the notice first above men
toned, or to allow such examination, or
to defer the delivery of such securities or
Of said notices, shall render said safe
deposit company, trust company, bank
pr other institution person or persons,
liable to the payment of the tax due
10 the provisions of this act
Sec. Is. Upon the presentation of any
pet1tlon to any probate court of this state
Tor letters testamentary or of administra-
ton, or for anclllary letters, testamentary
or OF administration, the probate court
shall cause a copy Of the citation or or
served upon the county treasurer of his
county not less than ten days prior to
such hearing The court shall thereupon,
as soon as practicable after the granting
of any such letters, proceed to ascertain
and determine the value of every inherit
ance, devise, bequest or legacy embraced
IN or payable out of the estate in which
such letters are granted and the tax due
thereon.
The county treasurer shall have the
same rights to apply for letters of ad-
ltors by law.
Sec. IA. The probate court may, in any
matter mentioned in the preceding Sec
ton, either upon its own motion or upon
the application Of any interested party
including county treasurers, and as often
as and when occasion requires, appoint
one or more persons as appraisers to APP
praise the true and full value of the
property embraced in any inheritance, de-
wise, bequest or legacy subject to the
payment of any tax imposed by this act.
bequest, legacy or gift upon which
a tax is imposed under this act
shall be appraised at it's full and true
value Immediately upon the death of
decedent, or as soon thereafter as may
be practicable.
Provided, however, that when such de-
such a nature that it's full and true value
cannot be ascertained at such time, it
shall be appraised in like manner at the
time such value first becomes ascertain
able.
Sec 16. The appraiser appointed under
the provisions OF this act shall forthwith
give notice by mail to all persons known
to have claim or interest in the in
her1tance. devise, bequest legacy or gift
to be appraised, including the county
treasurer and such persons as the probate
court may by order direct, of the time
and place when they will make such ap-
praisal
They shall at such time and place ap-
praise the same at it's full and true value
as herein prescribed, and for that pur-
pose the said appraisers are authorized
to issue subpoenas and compel the at
tendance of witnesses before them. and
to take evidence of such witnesses, un-