Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21


10sI-2o, 1osI-21, 10s7-22, I0s7-2S'
1OST-24, and 3sl8, relating to the in,
heritance tax laws and especially with
referenceto the admins stration and en-
forcement lent thereof
The people of the State of Wisconsin.
represented in Senate and Assembly. do
enact as follows:
section l. Section 10ST--5 of the stat
utes is amended TO read: Section 1oS7-5
J. Every such tax shall be and remain a
lien upon the property transferred until
Is transferred and the administrators. ex-
ecutogs and trustees of every estate so
transferred, shall be personally liable for
guch tax until Its payment
>. The tax shall be paid to the treas
urer Of the county in which the county
court is situated having Jurisdiction as
make duplicate receipts of such nav
ment, one of which he shall Immediately
send to the state treasurer, whose
dutv II shall be to charge the county
treasurer so receiving the tax with the
amount thereof and the other re-
ceipt shall be delivered to the executor, ad-
ministrator or trustee whereupon it shall
be proper voucher in the settlement OF his
accounts,
3 But no executor, administrator. or
trustee shall be entitled TO final account
ing Of estate, in settlement OF which
fay is due under the provisions of this act,
unless he shall produce such receipts
or certified copy thereof
M unless q bond shall have been filed as
prescribed by section 1857. . .
4. All taxes imposed by this act shall
be due and payable at the time of the trans
Ter except as hereinafter provided. Taxes
lpon the transfer of any estate. property,
or interest therein, lin ted conditioned de-
pendent, or detefminable upon the happen
ing Of any contingency or future event. by
reason Of which the fair market value
thereof cannot be ascertained at the time of
transfer, as herein provided, shall ae-
crup and become due and payable when the
beneficiary shall come into actual posses
sion or enjoyment thereof
Section >. Section IcS7-6 of the stat
utes is amended 10 read Section 10Sz-6.
II such raX is paid within one year from
the accruiug thereof, a discount Of Give per
cegtum shall be allowed and deducted there
from. II such tax is not paid within eight
sen months IRON the aecruIng thereof, in
terest shall be charged aud collected thereon
at the rate of ten per centum per annum
from the time the tax accrued unless by
reason Of claims made unon the estate,
necessary litigation or other unavoidable
cause of delay, SUCH tax shall not be deter
mined and paid as herein provided, In which
case .aterest at the rate of six per centum
1er auuUm shall be charged upon euch tax
from the accraal thereof until the cause OF
such delay Is removed, after which ten
Der cpntUm shall be charged In all cases
when a bond shall be given under the proyis-
tons Of section 1879 interest
shall be charged at the rate of six per
the date OF payment thereof.
Section 3. Section 109T-7 OF the stat
utes is amended 10 read Section 1887.
Every executor administrator, or trustee
suaii have full power TO sell so much Of the
property of the decedent as viii enable him
10 pay such tax in the same manner as he
might be entitled by law to DO for the
payment of the debts Of the testator OF in
testate. Any such administrator, executor,
OF trustee having in charge or in trust any
legacy or property for distribution, subject
to such tax, snail deduct the tax therefr0m
and within thirty days therefrom shall pay
over the same 10 the county treasurer, as
herein provided. Ii such legacy or property
be not IN money, he shall collect the tax
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 he 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 lien or
charge on such real property until paid, and
the payment thereof shall be enforced by
the executor, administrator, or trustee IN
the same manner that payment of the leg
acy might be enforced, or by the district
attorney under section IoS7-16. II
any such legacy shall be given In money to
any such person for limited period: the
administrator, executor, or trustee shall re-
ain the tax upon the whole amount, but IL
it be not in money, he shall make appiica-
ton to the court having jurisdiction OF an
accounting by him to make an apportioD-
nent If the case require it, of the sum to be
paid into the hands by such legatees, and
Tor such further order relative thereto as
he case may require.
Section A. Section I087--S Of the stat
utes Is amended to read Section 10S1-S.
l. II any debt shall be proved against the
estate of the decedent after the payment
of any legacy or 6istributive share there
Of. from which any such tax has been de-
Quoted. or upon which ii has been paid By
ne person entitled to such legacy or dis
tributive share and such person is required
by the order Of the county court having
jurisdiction thereof on notice to the
state treasurer TO refund the amount or
such debts or any part thereof, an eqpi,,
table proportion of the tax shall be repaid
to such person by the executor ut rt,, ad-
TO whom said tax has been paid.
2. When any amount of said tax shall
have been paid enormously into the state
treasury, it shall be lawful for the
state treasurer upon /. f" receiving a tran
script from the county court record show-
ing the facts to refund the amount
Of such erroneous or Illegal payment 10
the executor. administrator, trustee,
person, or persons who have paid any sucn
tax In error, from the treasury or the sai5
state treasurer may order, dIect, anu
fund the amount of any illegal or erroneous
payment of such tax out OF the funds IN nis
hands or custody to the credit OF su ,Sia
taxes and credit him with the same In nus
quarterly account rendered to the
state treasurer under this act PROVIDED,
however. that all applications Tor soch re-
within one year from the payment Thereon,
or within one year after the reversal or
modification OF the order fixing such tax.
Section 8. Section 10SI-1l OF the STAT
utes is amended to read: SECTION loSI-l1.
1. IL foreign executor, administrator, or
trustee shall assign or transfer any stock
or obligations in this state standing IN the
name of a decedent or in trust for dece-
dent, liable TO any such tax, the tax shall
be paid to the treasurer or the proper
county or the state treasurer on lne
ttsnsfer thereof.
. No safe deposit company, bank, or
other Institution, person, or persons mold
ting securities or assets of nonresident De
cedent, shall deliver or transfer the same
to the executors, adm Illustrators, or legal
representatives Of said decedent, or upon
their order or request unless notice OF tire
time and place OF such intended transfer
he served upon the attorney general
at least ten days prior to the said transfer;
nor shall any such safe deposit company,
hank or other Institution, person or persons
deliver or transfer any securities or assets
OF the estate of a nonresident decedehl
without retaining suffcient portion OF
amount thereof TO pay aEy tax which may
thereafter be assessed on account or the
transfer OF snch securities or assets under
The provisions of this act unless the
attorney general or public administrator con-
sents thereto in writing: and it shall be
lawful for the attorney general or PUBIC
administrators personally or by rep
raanntatsye 10 examine said securities or
ssseTs at the time of such delivery or trans
fer Failure TO serve such NOTICE or TO IL
low such examination or TO retain SUM-
cient norton or amount to pay snch tax
MS herein provided, shall render said safe
deposit company, trust company, BANK. or
other Institution, person or persons. Hapis
ia tne payment of the tax due upon SAID
or assets in pursuance of the pro-
visions of this act.
section g. Section 10s7-12 of the stat
,,+ss is amended to read Section 1oSI--12.
/ The county court Of every county of the
state having jurisdiction TO grant letters
testamentary or OF administration upon lns