provided. It shall be lawful for and the duty of the treasurer of state personally, or by any person by him duly authorized, to examine such securities or assets at the time of any proposed delivery or transfer. Failure to serve ten days' notice of such proposed transfer upon the treasurer of state or to allow such examination on the delivery of such securities or assets to such executor, administrator or legal representative shall render such safe deposit company, trust company, bank or other institution, person or persons liable for the payment of the tax upon such securities or assets as provided in this act. (Laws 1911, p. 61.)

§ 582.

Transfers of Corporate Stock-Liability of Corporation.

Sec. 38. If a foreign executor, administrator or trustee shall assign or transfer any corporate stock or obligations in this state standing in the name of a decedent, or in trust for a decedent, liable to such tax, the tax shall be paid to the treasurer of state on or before the transfer thereof; otherwise the corporation permitting its stock to be so transferred shall be liable to pay such tax, interest, and costs, and it is the duty of the treasurer of state to enforce the payment thereof. (Laws 1911, p. 61.)

§ 583. Corporations to Report Certain Stock Transfers to State Treasurer. Sec. 39. All Iowa corporations organized for pecuniary profit, shall on July 1st of each year, by its proper officers under oath make a full and correct report to the treasurer of state of all transfers of its stocks made during the preceding year by any person who appears on the books of such corporation as the owner of such stock, when such transfer is made to take effect at or after the death of the owner or transferrer, and all transfers which are made by an administrator, executor, trustee, referee, or any person other than the owner or person in whose name the stocks appeared of record on the books of such corporation, prior to the transfer thereof. Such report shall show the name of the owner of such stocks and his place of residence, the name of the person at whose request the stock was transferred, his place of residence and the authority by virtue of which he acted in making such transfer, the name of the person to whom the transfer was made, and the residence of such person; together with such other information as the officers reporting may have relating to estates of persons deceased who may have been owners of stock in such corporation. If it appears that any such stock so transferred is subject to tax under the provisions of this act, and the tax has not been paid, the treasurer of state shall notify the corporation in writing of its liability for the payment thereof, and shall bring suit against such corporation as in other cases herein provided unless payment of the tax is made within sixty days from the date of such notice. (Laws 1911, p. 62.)

§ 584. Foreign Estates-Deduction of Debts.

Sec. 40. Whenever any property belonging to a foreign estate, which estate in whole or in part passes to persons not exempt herein from such tax, the said tax shall be assessed upon the market value of said property remaining after the payment of such debts and expenses as are chargeable to the property under the laws of this state. In the event that the executor, administrator or trustee

of such foreign estate files with the clerk of the court having ancillary jurisdiction, and with the treasurer of state, duly certified statements exhibiting the true market value of the entire estate of the decedent owner, and the indebtedness for which the said estate has been adjudged liable, which statements shall be duly attested by the judge of the court having original jurisdiction, the beneficiaries of said estate shall then be entitled to have deducted such proportion of the said indebtedness of the decedent from the value of the property as the value of the property within this state bears to the value of the entire estate. (Laws 1911, p. 62.)

§ 585. Property of Foreign Estates not Specifically Devised.

Sec. 41. Whenever any property, real or personal, within this state belongs to a foreign estate and said foreign estate passes in part exempt from the tax imposed by this act and in part subject to said tax and there is no specific devise of the property within this state to direct heirs or if it is within the authority or discretion of the foreign executor, administrator or trustee administering the estate to dispose of the property not specifically devised to direct heirs or devisees in the payment of debts owing by the decedent at the time of his death, or in satisfaction of legacies, devises, or trusts given to direct or collateral legatees or devisees or in payment of the distributive shares of any direct and collateral heirs, then the property within the jurisdiction of this state, belonging to such foreign estate, shall be subject to the tax imposed by this act, and the tax due thereon shall be assessed as provided in the next preceding section of this act relating to the deduction of the proportionate share of indebtedness. Provided, however, that if the value of the property so situated exceeds the total amount of the estate passing to other persons than those exempt hereby from the tax imposed by this act such excess shall not be subject to said tax. (Laws 1911, p. 62.)

§ 586. Approval of Compromise Settlement.

Sec. 42. Whenever an estate charged or sought to be charged with the collateral inheritance tax is of such a nature, or is so disposed, that the liability of the estate is doubtful, or the value thereof cannot with reasonable certainty be ascertained under the provisions of law, the treasurer of state may, with the written approval of the attorney general, which approval shall set forth the reasons therefor, compromise with the beneficiaries or representatives of such estates, and compound the tax thereon; but said settlement must be approved by the district court or judge of the proper court, and after such approval the payment of the amount of the taxes so agreed upon shall discharge the lien against the property of the estate. (Laws 1911, p. 63.)

§ 587. Unknown Heirs.

Sec. 43. Whenever the heirs or persons entitled to any estate, or any interest therein, are unknown or their place of residence cannot with reasonable certainty, be ascertained, a tax of five per cent shall be paid to the treasurer of state upon all such estates or interests, subject to refund as provided herein in other cases; provided, however, that if it be afterward

determined that any estate or interest passes to aliens, there shall be paid within sixty days after such determination and before delivery of such estate or property, an amount equal to the difference between five per centum, the amount paid, and the amount which such person should pay under the provisions of this act. (Laws 1911, p. 63.)

§ 588. Refund of Tax.

Sec. 44. When within five years after the payment of the tax, a court of competent jurisdiction may determine that property upon which a collateral inheritance tax has been paid is not subject to or liable for the payment of such tax, or that the amount of tax paid was excessive, so much of such tax as has been overpaid to the treasurer of state shall be returned or refunded to the executor or administrator of such estate, or to those entitled thereto, when a certified copy of the record of such court showing the fact of nonliability of such property to the payment of such tax has been filed with the executive council of the state, the executive council shall if the case has been finally determined issue an order to the auditor of state directing him to issue a warrant upon the treasurer of state to refund such tax. Such order of court shall not be given until fifteen days' notice of the application therefor shall have been given to the treasurer of state of the time and place of the hearing of such application, which notice shall be served in the same manner as provided for original notices. (Laws 1911, p. 63.)

§ 589. Contingent Estates, Devises or Legacies.

Sec. 45. Estates in expectancy which are contingent or defeasible and in which proceedings for the determination of the tax have not been taken or where the taxation thereof has been held in abeyance, shall be appraised at their full, undiminished value when the persons entitled thereto shall come into the beneficial enjoyment or possession thereof, without diminution for or on account of any valuation theretofore made of the particular estates for purposes of taxation, upon which said estates in expectancy may have been limited. When an estate, devise, or legacy can be devested by the act or omission of the legatee or devisee, it shall be taxed as if there were no possibility of such devesting. When a devise, bequest or transfer is one in part contingent, and in part vested so that the beneficiary will come into possession and enjoyment of a portion of his inheritance on or before the happening of the event upon which the possible defeating contingency is based, a tax shall be imposed and collected upon such bequest or transfer as upon a vested interest, at the highest rate possible under the terms of this act if no such contingency existed; provided, that in the event such contingency reduces the value of the estate or interest so taxed, and the amount of tax so paid is in excess of the tax for which such bequest or transfer is liable upon the removal of such contingency, such excess shall be refunded as is provided in section forty-four of this act in other cases. (Laws 1911, p. 63.)

§ 590.

Definitions of Terms.

Sec. 46. In the construction of this act, the words "collateral heirs" shall be held to mean all persons who are not specifically exempt from the

tax imposed by the provisions hereof. The word "person" shall include a plural as well as singular, and artificial as well as natural persons. This act shall not be construed to confer upon a county attorney authority to represent the state in any case, and he shall represent the treasurer of state only when especially authorized by him to do so. This act shall apply to all estates subject to taxation under the law repealed by this act if the tax for which such estates are liable shall not have been paid prior to the taking effect of this act. (Laws 1911, p. 64.)

§ 591. Records to be Kept by State Treasurer.

Sec. 47. The treasurer of state shall record in a book kept in his office for that purpose, all estates reported to him as liable for a tax under the provisions of this act, showing,

(1) The name of the decedent.

(2) The place of his residence or county from which such estate was reported.

(3) The date of his death.

(4) The name of the administrator, executor or trustee.

(5) The appraised value of the property, or the value of any taxable pecuniary legacy.

(6) The amount of indebtedness that was deducted before estimating

the tax.

(7) The amount of tax collected.

(8) The amount of fees paid for reporting and collecting such tax. (9) The amount of tax, if any, refunded.

He shall also keep a separate record of any deferred estate upon which the tax due is not paid within eighteen (18) months from the death of the decedent, showing substantially the same facts as is required in other cases, and also showing,—

a. The date and amount of all bonds given to secure the payment of the tax with a list of the sureties thereon.

b. The name of the person beneficially entitled to such estate or interest, with place of residence.

c. A description of the property or a statement of conditions upon which Buch deferred estate is based or limited. (Laws 1911, p. 64.)

§ 592. Repeal of Conflicting Statutes.

Sec. 48. Chapter four, of title seven, of the supplement to the code, 1907, and chapter ninety-two of the acts of the thirty-third general assembly, and all other acts or parts of acts in conflict herewith are hereby repealed. Approved May 2, A. D. 1911.

CHAPTER XXXI,

KANSAS STATUTE.

(General Statutes of 1909, pp. 1997-2004.)

§ 593. Transfers Subject to Tax-Rates-Persons Liable-Exemptions. Property Out of State or Nonresident Within State.

§ 594.

595.

§ 596.

§ 597.

Payment of Tax-Interest-Lien of Tax.

Deposit for Payment of Tax in Case of Contingent Gift.
Assessment of Tax-Value of Property.

Payment of Tax on Future Interests.

Bequests to Executors in Lieu of Compensation.
Collection of Tax by Executor.

$598.

§ 599.

§ 600.

§ 601.

Legacy Charged upon Real Estate.

§ 612.

§ 613.

§ 614.

§ 611. Jurisdiction of Probate Court.

Administration at Instance of Tax Commission.
Account of Executor not Settled Until Tax Paid.
Proceedings for Recovery of Tax.

§ 593. Transfers Subject to Tax-Rates-Persons Liable-Exemptions. Sec. 52. All property, corporeal or incorporeal, and any interest therein, within the jurisdiction of the state, whether belonging to the inhabitants of the state or not, which shall pass by will or by the laws regulating intestate succession, or by deed, grant, or gift made in contemplation of death, or made or intended to take effect in possession or enjoyment after the death of the grantor, to any person, absolutely or in trust-except in case of a bona fide purchase for full consideration in money or money's worth; and except property to or for the use of literary, educational, scientific, religious, benevolent and charitable societies or institutions: Provided, such use entitles the property so passing to be exempt from taxation; and except property to or for the use of the state, a county or a municipality for public purposes; and except property to or for the use of a class herein designated as class A, being the husband, wife, lineal ancestor, lineal descendant, adopted child, the lineal