satisfactory evidence, be revoked. A copy of the certificate of revocation shall be sent to the clerk, and to any stock registrar or transfer agent whose name is on file with said secretary. Until the receipt of such certificate of revocation any such stock registrar or transfer agent may lawfully transfer the stock of said corporation and perform all other duties incident to his office. (Rev. Stats. 1911, p. 177, approved March 30, 1911.)

§ 684. Transfer of Stocks, etc., of Nonresident Decedent.

Sec. 93. Subject to the provisions of section ninety-two if a foreign executor, administrator or trustee assigns or transfers any stock in any national bank located in this state or in any corporation organized under the laws of this state, owned by a deceased nonresident at the date of his death and liable to a tax under the provisions of this chapter, the tax shall be paid to the attorney general at the time of such assignment or transfer; and if it is not paid when due, such executor, administrator or trustee shall be personally liable therefor until it is paid. Subject to the provisions of section ninety-two a bank located in this state or a corporaton organized under the laws of this state which shall record a transfer of any share of its stock made by a foreign executor, administrator or trustee, or issue a new certificate for a share of its stock at the instance of a foreign executor, administrator or trustee before all taxes imposed thereon by the provisions of this chapter have been paid, shall be liable for such tax in an action of debt brought by the attorney general. (Rev. Stats. 1911, p. 177, approved March 30, 1911.)

685. Delivery or Transfer of Assets of Nonresident Without Payment of Tax.

Sec. 94. Subject to the provisions of section ninety-two no person or corporation shall deliver or transfer any securities or assets belonging to the estate of a nonresident decedent to anyone unless authority to receive the same shall have been given by a probate court of this state, and upon satisfactory evidence that all inheritance taxes provided for by this chapter have been paid, guaranteed or secured as herein before provided. Any person or corporation that delivers or transfers any securities or assets in violation of the provisions of this section shall be liable for such tax in an action of debt brought by the attorney general. (Rev. Stats. 1911, p. 177, approved March 30, 1911.)

§ 686. Proceedings to Recover Tax.

Sec. 95. The attorney general shall promptly commence proceedings for the recovery of any of said taxes within six months after the same became payable; and shall commence the same when the judge of a probate court certifies to him that the final account of an executor, administrator or trustee has been filed in such court, and that the settlement of the estate is delayed because of the nonpayment of said tax. The judge of the probate court shall so certify upon the application of any heir, legatee or other person interested therein, and may extend the time of payment of said tax whenever the circumstances of the case require. (Rev. Stats. 1911, p. 178, approved March 30, 1911.)

§ 687. Retrospective Operation of Statute.

Sec. 96. This act shall not apply to estates of persons deceased prior to the date of taking effect of the same, nor to property passing by deed, grant, sale or gift made prior to said date, but said estates and property shall remain subject to the provisions of law in force prior to the taking effect of this act. (Rev. Stats. 1911, p. 178, approved March 30, 1911.)

§ 688. Payment of Funds to State Treasurer.

Sec. 97. All moneys received by the attorney general as taxes collected under the provisions of this chapter shall be by him forthwith paid to the state treasurer. (Rev. Stats. 1911, p. 178, approved March 30, 1911.)

CHAPTER XXXV.

MARYLAND STATUTE.

(2 General Laws of 1904, pp. 1835-1842; Laws of 1908, pp. 238, 239.)

§ 689. Transfers Subject to Tax-Rates-Exemptions.

§ 690. Payment of Tax by Executor.

§ 691.

§ 692.

§ 693.

Valuation of Personalty-Sale of Property to Pay Tax.
Failure of Executor to Pay Tax Within Thirteen Months.
Appointment of Appraisers of Real Estate.

§ 694. Warrant to Appraisers of Real Estate.

Appraisement of Property Lying in More Than One County.
Inventory of Real Estate..

§ 695.

§ 696.

§ 699.

Appraisement Deemed to be True Value of Real Estate.

§ 701.

§ 702.

§ 703.

Collection of Tax-Sale of Real Estate.

Estates for Life or for Years and Remainders.

Determination of Value of Estate Less Than Absolute Interest.

§ 706.

§ 707.

Revocation of Executor's Letters for Failure to Perform Duties.
Powers and Duties of Administrator De Bonis Non.

§ 708.

Proceedings Where No Administration Taken Out.

§ 709.

§ 710.

§ 711.

Failure of Persons Entitled to Take Out Administration.
Application for Letters-Inquiry as to Real Estate.
Receipts for Payment of Tax.

§ 712.

Payment to Treasurer-Commissions of Clerks and Registers of
Wills.

§ 713. Failure of Clerks or Registers to Account.

§ 689.

Transfers Subject to Tax-Rates-Exemptions.

Sec. 117. All estates, real, personal and mixed, money, public and private securities for money of every kind passing from any person who may die seised and possessed thereof, being in this state, or any part of such estate or estates, money or securities, or interest therein, transferred by deed, will, grant, bargain, gift or sale, made or intended to take effect in possession after the death of the grantor, bargainor, devisor or donor, to any person or persons, bodies politic or corporate, in trust or otherwise, other than to or for the use of the father, mother, husband, wife, children and lineal descendants of the grantor, bargainor or testator, donor or intestate, shall be subject to a tax of five per centum in every hundred dollars of the clear value of such estate, money or securities; and all executors and administrators shall only be discharged from liability for the amount of such tax, the payment of which they be charged with, by paying the same for the use of this state, as hereinafter directed; provided, that no estate which may be

valued at a less sum than five hundred dollars shall be subject to the tax (2 Pub. Gen. Laws 1904, p. 1835; Laws 1908,

imposed by this section.

p. 238.)

§ 690. Payment of Tax by Executor.

Sec. 118. Every executor or administrator, to whom administration may be granted, before he pays any legacy, or distributes the shares of any estate liable to the tax imposed by the preceding section, shall pay to the register of wills of the proper county or city, two and a half per centum of every hundred dollars he may hold for distribution among the distributees or legatees, and at that rate for any less sum, for the use of the state; this section shall not be construed so as to release any tax already fixed on any collateral inheritance, distributive share or legacy. (2 Pub. Gen. Laws 1904, p. 1835.) § 691. Valuation of Personalty-Sale of Property to Pay Tax.

Sec. 119. When any species of property other than money or real estate shall be subject to said tax, the tax shall be paid on the appraised value thereof as filed in the office of the register of wills of the proper county or city; and every executor shall have power, under the order of the orphans court, to sell, if necessary, so much of said property as will enable him to pay said tax. (2 Pub. Gen. Laws 1904, p. 1836.)

§ 692. Failure of Executor to Pay Tax Within Thirteen Months.

Sec. 120. Every executor or administrator shall, within thirteen months from the date of his administration, pay said tax on distributive shares and legacies in his hands, and on failure to do so he shall forfeit his commissions.. (2 Pub. Gen. Laws 1904, p. 1836.)

§ 693. Appointment of Appraisers of Real Estate.

Sec. 121. In all cases where real estate of any kind is subject to the said tax, the orphans court of the county in which administration is granted shall appoint the same persons who may have been appointed to value the personal estate to appraise and value all the real estate of the deceased within the state. (2 Pub. Gen. Laws 1904, p. 1836.)

§ 694. Warrant to Appraisers of Real Estate.

Sec. 122. The form of the warrant to such appraisers shall be the same as to appraisers of personal property, except that the words "real estate" shall be inserted therein instead of the words "goods, chattels and personal estate," and the words "price of property" instead of the word "article," and the appraisers shall take the oath prescribed for appraisers of personal estate, except that the words "real estate" shall be substituted for the words "goods, chattels and personal estate," and their duties and proceedings shall, in every respect, be the same as those of the appraisers of personal estate. (2 Pub. Gen. Laws 1904, p. 1836.)

§ 695. Appraisement of Property Lying in More Than One County. Sec. 123. If the estate or property lies in more than one county, and it is not convenient for the appraisers to visit the other county, the court may appoint two appraisers in said county. (2 Pub. Gen. Laws 1904, p. 1836.)

§ 696. Inventory of Real Estate.

Sec. 124. The inventory of the real estate shall be entirely separate and distinct from that of the personal estate. (2 Pub. Gen. Laws 1904, p. 1837.)

§ 697. Death or Refusal of Appraiser to Act.

Sec. 125. On the death or refusal of any appraiser to act, the court may appoint another in his place. (2 Pub. Gen. Laws 1904, p. 1837.)

§ 698. Return of Inventory of Real Estate.

Sec. 126. The appraisers shall return the inventory, when completed, to the executor or administrator, whose duty it shall be to return the same to the office of the register of wills, to which the inventory of the personal estate is returnable, and within the same time and under like penalty, and shall make oath that said inventory or inventories is or are a true and perfect inventory or inventories of all the real estate of the deceased, within this state, that has come to his knowledge, and that, should he thereafter discover any other real estate belonging to the deceased, in this state, he will return an additional inventory thereof. (2 Pub. Gen. Laws 1904, p. 1837.)

§ 699. Appraisement Deemed to be True Value of Real Estate.

Sec. 127. The appraisement thus made shall be deemed and taken to be the true value of the said real estate upon which the said tax shall be paid. (2 Pub. Gen. Laws 1904, p. 1837.)

§700. Lien of Tax.

Sec. 128. The amount of said tax shall be a lien on said real estate for the period of four years from the date of the death of the decedent, who shall have died seised and possessed thereof. (2 Pub. Gen. Laws 1904, p. 128.)

§ 701. Collection of Tax-Sale of Real Estate.

Sec. 129. The executor or administrator shall collect the same from the parties liable to pay said tax or their legal representatives within thirteen months from the date of his administration, and pay the same to the register of wills of the county or city in which administration is granted; and if the said parties shall neglect or fail to pay the same within that time, the orphans court of the said county or city shall order the executor or administrator to sell for cash so much of said real estate as may be necessary to pay said tax and all the expenses of said sale, including the commissions of the executor or administrator thereon; and after the report of said sale, the ratification thereof and the payment of the purchase money, the executor or administrator may execute a valid deed for the estate sold, and not before; provided, however, that nothing in this section contained shall be construed to confer authority on the orphans court to order the sale of any real estate for the satisfaction of collateral inheritance tax after the expiration of four years from the date of the death of the decedent, who shall have died seised and possessed of said real estate. (2 Pub. Gen. Laws 1904, p. 1837.),