The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15

,s4e As "A ce~ section 70 repeal section
LIS % amend sections i0S7--l9 HI
~, 1857 III, iUS7---22, luSI--~Z5,
I"o! ~ and aols relating CO. the ia
eSt,trACe taA Jaws and especially WIN
t4ts3cetO lie admin siration and en-
eeiaeat lent thereof
3eOplV Of the STATE Of WISCONSIN,
presented h. senate and Assembly. do
s-El Is in ,URs
>ecu1u l. section l0s7---5 OF the stat
ptes y auieaded to read SECTION l0Sf--o.
L. tSelA SUCH la& shati be anu ieD1aln
lac pos ae property transferred dhtA
pHO aad tie person 60 whom tue property
u transferred aud the administrators. e1'
ecntoln. anu trustees oi every estate so
transferred, shall bc personally liable for
sucu td2 untl its pas ment
2 The tax shall be paid to the treas
ureI of the county 10 which the county
court is situated nav ng Jurisdiction as
herein provided and said treasurer sbail
make duplicate receipts Of such pay.
ment. one Of which he shall immediately
duty Ii shall be to charge the county
treasurer 80 receiving the taz With the
am0ont thereof, and the other re
ceipt snail be delivered 10 the executor, oil
miulstrator, or trustee. @heTeupoD II shall
be a proper voucher 10 tbe settlement OF as
accounts
trustee shall be entitled to a ana account
Ing Of an estate, 10 settlement Of watch
tax Ia due under the provisions Of this act
unless he shall produce such receipts
or certified copy thereof
or unless bond shall have been. nled 80
prescribed by section lUS7---e.
4. All taxes imposed BY this act shall
be due and payable at the time OF the trana
fer, except az here natter provided Taxes
upon tie transfer Of any estate. property
or Interest therein, linn ted conditioned, de
pendent, or determinable upon the happen
Ing Of any contingency or future event py
thereof cannot be ascertalned az the time of
transfer, MS herein provided, shall &c
crue and become due and payable when the
beneficiary shall come Into actual posses
sion or enjoyment Thereof
Section 2. Section tO97---6 of the stat
utes s amended to read Section l0S1 Is
II such tax Is paid within one year from
the accruing thereof, a discount u ave per
ceptum shah be allowed and deducted there
from If such tax Is not paid within eight
cen months from the accruing thereof, ln-
terest shall be charged and collected thereon
at the rate Of ten per centuGl per anBum
from the time the tax accrued unless BY
reason OF claims made unoD the estate,
necessary litigation or other unavoidable
cause Of delay such tax shall not he deter
mined and paid us herein provided, III which
ease interest at the rate of six per centum
per annum shall be charged upon such tax
from the acerual thereof until the cause or
such delay Is removed, after which ten
per centnm shall be charged In all cases
when a bond shall he given under the provis
ions OF sectiOp t0A7-~o interest
shall be charged at the rate Of six. per
CeOllm from the dcCfuNi OK ENG LRAy uhtlA
the date Of payment thereof
Section 3. Section l0S7---T Of the stat
utes Is amended to read: Section 10S1--7.
Every executor administrators, or trustee
shall have full power to sell so much or the
property of the decedent AS will enable hm
20 nay such tax tn the same manner 10 he
might be entitled by law TO do TOR the
payment of the debts of the testaror OF IN
testnte. ANY such administrators, executor,
or trustee having lu charge or Ia trust any
legncy or property for distribution, subject
to such tax, shall deduct the tax therefrom !;
and within thirty days therefrom shall pay
over the same to the county treasurer as
herein provided. II such legacy or property
be not IN money, he shall collect the lax
thereon upon the appraised value thereon,
from the person entitled thereto He shall
not deliver or be compelled TO deliver any
specific legacy or property subject to tax
under this act, to any person until be shall
have collected the tax thereon. II any
such legacy shall be charged upon or pay
able out Of real property, the heir or de-
visee shall deduct such tax therefrom and
pay 1t to the administrator, executor or
trustee, and the tax shall remain len or
charge on such real property until paid, and
the payment thereof shall he enforced by
the executor, administrator, or trustee IN
the same manner that payment OF the leg
acy might be enforced. Or by the distriGt
attorney under section l08T-11. II
any such legacy shall be given In money TO
any such person for q limited period the
administrators, executor, or trustee shall re-
1T be not In money, he shall make applica-
ton to the court having Jurisdiction OF an
accounting by him to make an apportSon'
ment II the case require Ii, Of the anil TO be
Tor such further order relative thereto "a
the case may require
Section 4. Section I0S7---S Of the gtat-
uteB Ia amended to read Section 1873.
/. Ii any debt shall be proved against the
estate Of the decedent after the payment
Of any legacy or distributive share there
OF, from which any such tag has been de-
Quoted, or upon which Il has been paid by
the person entitled to such legacy or dis
tribntivS share and such person is required
by the order Of the county court having
Jurisdiction thereof on notice to the
state treasurer TO refund tho amount az
such debts or any part thereof an egui.
table proportion OF the tax shall be repaid
TO such person by the executor ad
EaSnletrator, trustee, or 0fac0r
TO whom Eaid tax has been paid.
2. When any amount OF sald tax shall
have been paid erroneousIy Into the state
treasury, 1t Shall be lawful for the
script from tAe county conrt record show.
ing the facts 30 refund the amount
Of such erroneous or Illegal payment to
the executor, adm illustrator, trustee,
person, or persona WHO have paid any such
tag IN error. from the treasury or the said
SGats treasurer may order. direct, and
allow the treasurer Of any county to re-
fuaa the ancunt OF any illegal Or erroneous
nG ndR or custody to the credit of sUch
taxes, and credit him With the same In his
quarterly account rendered to the
state treasurer under this act. Provided,
however, that all applications Tor such ce-
funding Of erroneous taxeE shall De INSIDE
within one year from the payment thereof,
or .within one year after the reversal or
modification Of the order dxing such tax.
Secti0u 5. section l0ST--11 Of the stat
utes ls amended to read Section l0Gg--11,
l. II foreign executor. administrator, or
trustee shall sRstgn or traNafer any stock
or ohligat lOnS In this state standing la the
nsule af 3 necedcnt or u truat for dece-
dent llahle TO any guch tax, the tAx sh@il
b, paid to the treasurer ri the proper
county or the state treasurer on the
transfer thereof.
2. No safe deposit company, hank, or
other institution, psrson or persons hold
ing securities or assets of a nonresident de
eedent, shall deliver or transfer tne same
to the executors, adm illustrators, o. legal
representa- tsvea Of said dece6ent or upon
their order or request une2R notice OF the
time and place Of such intended transfer
be served upon the . attorney general
at least ten days prior to the said tranafer !;
nor shall any such safe deposit company,
bank or other Institution. person or persons
deliver or transfer 6ny securities or ASSETS
OF the estate Of q Don resident decedsnt
without etaining 3 sufnct8nt portion or
amount thereof TO pay anv tRz which may
thereafter be assessed on sreornt o. the
4he provisions Of this act unleee the
attorney general or publse administrators cnn
sents thereto in writing and II sh2ll be
lawful for the attornes general nf pxlnitC
administrator fSrSonAily or BY rep
reAcAtAtive, 10 examine said securities or
aRsets at the tirne OF RHeb delivery or trans,
fer Failure 10 serve suck Notice OK Go al
low such examinations OF 10 retain q suts
eieut portion OF amount 60 pay sueh tau
80 herein provided, shAli render said safe
deposit company trust compGny. hsnk 81
other institution, person or p@rEonB, babie
to the payment of the t1x due upon asid
securities or sssrts IN pursuance OF the pro
yiWtens Of this act