The Topeka state journal., 1909-03-16
LEGAL.

relauon to any real estate or Separate
ment of the tax to the state is first Sc
curso py bond or deposit or that other
that which is sought to be released. pro
idsdietion shall first approve the bond or
snail approve of the substitution of other
reai i estate as security for the taxes, in
Section 4. In every case where there
shall be bequest or grant of personal
in possession or enjoyment after the
death of the grantor, to take effect in
after the expiration of One or more life
estate or a term of years, whether condi-
dioned upon the happening of contingent
| Gy or dependent upon the exercise Of a
olscret1on, or subject to a power of ap-
polntment or otherwise, the executor or
with the county treasurer a sum of money
sufflclent in the opinion of the said
may become due upon such bequest or
grant: and the person or persons having
personal estate shall be % entitled to re-
celve from the said county treasurer in
annum upon such deposit, and when said
Lax taX snaH 9ecome due the said county
trgasufer titias shall repay to the persons en-
tax certified and the amount deposited;
or any executor administrator, trustee or
grantee, or any person interested in SUCH
bequest or grant may give bond to the
probate court having jurisdiction of the
|
and with such sureties as said court may
approve, with the condition that the
obHgor shall notify the Tax Commission
when said tax becomes due and shall
then pay the same to the county treas
Section S. Except as hereinafter pro-
vided, said tax shall be assessed upon the
of the death of the decedent. In every
case where property is transferred by
of death the tax thereon shall be lien
| on the interest of the beneficiary therein
from the date of transfer and shall be
assessed when the beneficiary becomes
entitled to the possession and enjoyment
thereof. In every case where there shall
| be devise, descent, bequest or grant to
take effect in possession or enjoyment af-
ter the expiration of one or more life
be assessed on the actual value of the
/ property or the interest of the beneficiary
| therein at the time when he becomes en-
| Titled to the same in possession or enjoy
| ment. The value of an annuity or a life
interest IN any such property. or any
terest. shall be determined by the Amer
lean Experience Tables at four per cent.
Section g.: ANY person or persons en-
| titled to a future interest or to future in
IN % m aPg pay time 5he fax e
| fore such tax would be due in accord
tained. and in such cases the tax shall
| be assessed upon the actual value of the
the tax, and such. value shall be determ-
! ined by the Tax Commission as hereinaf-
| ter provided: In every case in which
| it is Impossible to compute the present
value of the future interest the Tax Com
mission may. with the approval of the
| of the tax it shall deem to be for the
best interests of the state and payment
of the sum SO agreed upon shall be a full
satisfaction of such tax.
| Section Z. If a testator gives, bequeaths
or devises to his executors or trustees any
property otherwise liable to said tax, in
lieu of their compensation, the value
thereof in excess of reasonable compen--
upon the application Of any interested
party or of the Tax Commission, shall
nevertheless be subject to the provisions
Section 8. An executor, administrator or
tax '' shall deduct the the Z tax r t2erefrom SHdr or
collect it from the legatee or person en-
deliver II property or - specific legacy sub
ject to said tax until he has collected the
tax thereon. An executor or administra-
which is subject to tax under the provi-
sions hereof, from the heirs or devisees
lied to sell said land. according to the
provisions of section eleven if they re-
f9se secon G # to R eady s7ia SUBJECT 5sk to said
tax is charged upon or payable out of
ing it, shall deduct said tax therefrom
and pay 1t to the executor adm1nistra-
sor ep o pon said Ihd rea se estate ant II is
paid. Payment thereof may be enforced
by the executor, administrator or trustee
| the legacy itself could be enforced
Section 10. When provision is made
nient of the legacy or succession tax up
on any gift thereby. made, out of any
property other than that so given, no tax
shall be chargeable upon any money to be
applied in payment of such tax.
Section II; The probate , court OF d;+dIg the
administrators and trusrees. to sell the
real estate of a decedent for the pay
as it may authorize them to sell real es-
tate for the payment Of debts; .,;s.,
under oath of every estate shall be filed
in the probate court by the executor. ad-
ministrator or trustee within three months
after his appointment. If he neglects or
refuses to file such inventory and ap.
Of not more than five thousand dollars,
which shall be recovered in the proper
dstrG og P t6e of te proper
at the instance of the Tax Commission:
in the name Of the the ztate for de the use shs
notify the Tax Commission within thirty
days after the the on of said fhrge
administrator or trustee to file an inven- |
tory and appraisal in his office
ord the inventory and appraisal of every
estate which is filed in his office and he |
has been filed, send by mail to the Tax
Commission such inventory and appraisal r1
Shall also. also. within the same. period, send
by mail to the Tax Commission copy
of the VIII OF the QeCeOenI II SuCn mas
been allowed by the probate court. The |
probate judge shall al also ffa furnish such tS cop
Commission shall require. and shall fur |
nish information as to the records and
files in his office in such form as the |
Tax Commission may require. The Tax
Commission shall excuse the probate |
court from filing inventories or copies of |
Inventories and of wills of estates no part /
of which, appears to be subject to a tax
under the provisions of this chapter. |
Section IA If a foreign executor. ad- |
ministrator or trustee assigns or trans |
fers any stock in any national bank 10
Gated in this state or in any corporation |
orcanized under the laws of this state