In all other cases the tax shall be at the rate of three per centum on the appraised value thereof received by each person, body politic or corporate, on the whole of all amounts received not exceeding $10,000; four per centum on the whole of all amounts received over $10,000, and not exceeding $20,000; five per centum on the whole of all amounts received over $20,000, and not exceeding $50,000; six per centum on the whole of all amounts received over $50,000; provided, that in the above cases any estate which may be valued at a less sum than $500 shall not be subject to any such duty or tax, and the tax is to be levied in the above cases only when the amount received by a person, body politic or corporate amounts to $500 or more. (Laws 1903, p. 49; Laws 1909, p. 60; 1 Lord's Laws, p. 676.)

§ 1039. Time for Payment.

Sec. 1193. All taxes imposed by this act shall take effect at and accrue upon the death of the decedent, or donor, and shall be due and payable at the expiration of eight months from such death, except as otherwise provided in this act; provided, however, that taxes upon any devise, bequest, legacy, or gift, limited, conditioned, dependent, or determinable upon the happening of any contingency or future event, by reason of which the full and true value thereof cannot be ascertained at or before the time when the taxes become due and payable as aforesaid, shall accrue and become due and payable when the person or corporation beneficially entitled thereto shall come into actual possession or enjoyment thereof. (Laws 1903, p. 49; 1 Lord's Laws, p. 677.)

§ 1040. Collection of Tax by Executor.

Sec. 1194. Any administrator, executor, or trustee having in charge, or in trust, any property for distribution, embraced in or belonging to any inheritance, devise, bequest, legacy, or gift, subject to the tax thereon as imposed by section 1191, shall deduct the tax therefrom, and within thirty days thereafter he shall pay over the same to the state treasurer, as herein provided. If such property be not in money, he shall collect the tax on such inheritance, devise, bequest, legacy, or gift, upon the appraised value thereof from the person entitled thereto. He shall not deliver, or be compelled to deliver, any property embraced in any inheritance, devise, bequest, legacy, or gift, subject to tax under this act, to any person until he shall have collected the tax thereon. (Laws 1903, p. 49; 1 Lord's Laws, p. 677.)

§ 1041. Payment to State Treasurer-Receipts.

Sec. 1195. The tax imposed by this act upon inheritances, devises, bequests, or legacies, shall be payable to the state treasurer, and the treasurer shall give the executor, administrator, trustee, or person paying such tax, a receipt, as provided by subdivision 4, section 2638, whereupon it shall be a proper voucher in the settlement of his accounts. No executor, administrator, or trustee shall be entitled to a final accounting of an estate in the settlement of which a tax may become due under the provisions of this act, unless he shall produce a receipt so sealed and countersigned, or a copy thereof, certified by the said treasurer, or unless a bond shall have been filed, as prescribed by section 1203. All taxes paid into the state treasury under the provisions of this

section shall belong to and be a part of the inheritance tax fund of the state; provided, whenever the amount of money in this fund exceeds $10,000, then all moneys in excess of $5,000 shall be transferred to the general fund. (Laws 1903, p. 49; 1 Lord's Laws, p. 677.)

§ 1042. Lien of Tax.

Sec. 1196. Every tax imposed by this act shall be a lien upon the property embraced in any inheritance, devise, bequest, legacy, or gift, until paid, and the person to whom such property is transferred, and the administrators, executors, and trustees of every estate embracing such property shall be personally liable for such tax until its payment, to the extent of the value of such property; and provided further, that all inheritance taxes shall be sued for within five years after they are due and legally demandable, otherwise they shall be conclusively presumed to be paid and cease to be a lien as against the estate, or any part thereof, of the decedent. (Laws 1903, p. 49; 1 Lord's Laws, p. 678.)

§ 1043. Interest and Discount.

Sec. 1197. If such tax is paid within eight months from the accruing thereof, a discount of five per centum shall be allowed and deducted therefrom. If such tax is not paid within eight months from the accruing thereof, interest shall be charged and collected thereon at the rate of eight per centum per annum from the time the tax is due and payable, unless by reason of claims upon the estate, necessary litigation, or other unavoidable delay, such tax cannot be determined and paid as herein provided, in which case interest at the rate of six per centum per annum shall be charged upon such tax from the time from the accruing thereof until the cause of such delay is removed, after which eight per centum shall be charged. In all cases when a bond shall be given, under the provisions of section 1203, interest shall be charged at the rate of six per centum from the accrual of the tax until the date of the payment thereof. (Laws 1903, p. 49; 1 Lord's Laws, p. 678.)

§ 1044. Sale of Property to Pay Tax.

Sec. 1198. Every executor, administrator, or trustee shall have full power to sell so much of the property embraced in any inheritance, devise, bequest, or legacy, as will enable him to pay the tax imposed by this act, in the same manner as he might be entitled by law to do for the payment of the debts of a testator or intestate. (Laws 1903, p. 49; 1 Lord's Laws, p. 678.)

§ 1045. Legacy for Limited Period or Charge upon Real Estate.

Sec. 1199. If any bequest or legacy shall be charged upon or payable out of any property, the heir or devisee shall deduct such tax therefrom and pay such tax to the administrator, executor, or trustee, and the tax shall remain a lien or charge on such property until paid; and the payment thereof shall be enforced by the executor, administrator, or trustee in the same manner that payment of the bequest or legacy might be enforced; or by the prosecuting attorney under section 1217. If any bequest or legacy shall be given in money for a limited period, the administrator, executor, or trustee shall

retain the tax upon the whole amount; but, if it be not in money, he shall make application to the court having jurisdiction of an accounting by him to make an appointment [apportionment], if the case requires, of the sum to be paid into his hands by such legatee or beneficiary, and for such further order relative thereto as the case may require. (Laws 1903, p. 49; 1 Lord's Laws, p. 678.)

§ 1046. Refund of Tax Erroneously Paid.

Sec. 1200. When any tax imposed by this act shall have been erroneously paid, wholly or in part, the person paying the same shall be entitled to refundment of the amount so erroneously paid, and the secretary of state shall, upon satisfactory proofs presented to him of the facts relating thereto, draw his warrant upon the state treasurer for the amount thereof in favor of the person entitled thereto, payable from the inheritance tax fund; provided, however, that all applications for such refunding of erroneous taxes shall be made within three years from the payment thereof. (Laws 1903, p. 49; 1 Lord's Laws, p. 679.)

§ 1047. Transfer of Stock or Obligations by Foreign Executor.

Sec. 1201. If a foreign executor, administrator, or trustee shall assign or transfer any stock or obligations in this state standing in the name of the decedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the state treasurer on or before the transfer thereof, and no such assignment or transfer shall be valid unless such tax is paid. p. 49; 1 Lord's Laws, p. 679.)

§ 1048. Delivery of Deposits or Securities-Notice.

(Laws 1903,

Sec. 1202. No safe deposit company, trust company, bank, corporation, or other institution, person or persons, holding securities or assets of a decedent, or corporation in which said decedent, at the time of his death, owned any stock, shall deliver or transfer the same to the executors, administrators, or legal representatives of said decedent, or upon their order or request, unless notice of the said time and place of such intended transfer be served upon the state treasurer in writing at least five days prior to the said transfer; and it shall be lawful for the said state treasurer, personally or by representative, to examine said securities prior to the time of such delivery or transfer. If upon such examination the state treasurer, or his said representative, shall, for any cause, deem it advisable that such securities or assets should not be immediately delivered or transferred, he may forthwith, notify, in writing, such company, bank, institution, or person to defer delivery or transfer thereof for a period not to exceed ten days from the date of such notice, and thereupon it shall be the duty of the party notified to defer such delivery until the time stated in such notice, or until the revocation thereof within such ten days; failure to serve the notice first above mentioned or allow such examination, or to defer the delivery of such securities or assets for the time stated in the second of said notices, shall render said safe deposit company, trust company, corporation, bank, or other institution, person or persons, liable to the payment of the tax due on said securities or assets, pursuant to the provisions of this act. (Laws 1903, p. 49; 1 Lord's Laws, p. 679.)

§ 1049. Payment Deferred-Bond.

Sec. 1203. Any person or corporation beneficially interested in any property chargeable with a tax under section 1191, and executors, administrators, and trustees thereof, may elect, within six months from the death of the decedent, not to pay such tax until the person or persons beneficially interested therein shall come into actual possession or enjoyment thereof. If it be personal property, the person or persons so electing shall give a bond to the state in the penalty of three times the amount of such tax, with such sureties as the county judge of the proper county may approve, conditioned for the payment of such tax and interest thereon, at such time and period as the person or persons beneficially interested therein may come into actual possession or enjoyment of such property, which bond shall be executed and filed, and a full return of such property upon oath made to the county court within six months from the date of transfer thereof, as herein provided, and such bond must be renewed every five years. (Laws 1903, p. 49; 1 Lord's Laws, p. 680.)

§ 1050. Bequest to Executor in Lieu of Compensation.

Sec. 1204. Whenever a decedent appoints one or more executors or trustees, and, in lieu of their allowance or commission, makes a bequest or devise of property to them, which would otherwise be liable to said tax, or appoints them his residuary legatees, and said bequests, devises, or residuary legacies exceed what would be a reasonable compensation for their services, such excess shall be liable to such tax, and the court having jurisdiction of their accounts, upon its own motion, or on the application of the state treasurer, shall fix such compensation. (Laws 1903, p. 49; 1 Lord's Laws, p. 680.)

§ 1051. Jurisdiction of County Court.

Sec. 1205. The county court of every county in this state having jurisdiction to grant letters testamentary or of administration upon the estate of a decedent whose property is chargeable with any tax under this act, or to give ancillary letters thereon, or to appoint a trustee of such estate, or any part thereof, shall have jurisdiction to hear and determine all questions arising under the provisions of this act, and to do any act in relation thereto authorized by law to be done by such court in other matters or proceedings coming within his jurisdiction; and if two or more county courts shall be entitled to exercise any such jurisdiction, the county court first acquiring jurisdiction hereunder shall retain the same to the exclusion of every other county court. (Laws 1903, p. 49; 1 Lord's Laws, p. 680.)

§ 1052. Notice to State Treasurer of Transfer-Valuation of Property. Sec. 1206. The judge of the county court having jurisdiction of the estate of any decedent shall, within ten days after the filing of a will or the application for letters of administration, or the granting of letters testamentary or of letters of administration, if in his opinion said estate is subject to a tax under any of the provisions of this act, cause the county clerk to send to the treasurer of the state a certificate of the filing of such will or application, or the granting of such letters of administration. The court shall thereupon, and as soon as practicable after the granting of any such letters, proceed to ascer

tain and determine the value of every inheritance, devise, bequest, or legacy embraced in or payable out of the estate in which such letters are granted, and the tax due thereon. The state treasurer shall have the same right to apply for letters of administration as that conferred by law upon creditors. (Laws 1903, p. 49; Laws 1909, p. 60; 1 Lord's Laws, p. 680.)

§ 1053. Duty of Executor to Make Inventory and Appraisement.

Sec. 1207. It shall be the duty of the executor, administrator, or trustee of every estate, within one month from the date of his appointment, or, if a trustee, from the acceptance of this trust, or, if necessary, such further time as the county clerk or judge may allow, make an inventory, verified by his own oath, of all the real and personal property of the deceased which shall come to his possession or knowledge, any will or direction of the decedent to the contrary notwithstanding, and to cause the same to be appraised, as by law required, and filed with the clerk of the court having jurisdiction of said estate. (Laws 1903, p. 49; 1 Lord's Laws, p. 681.)

§ 1054. Extension of Time for Appraisement.

Sec. 1208. Whenever, by reason of the complicated nature of an estate, or by reason of the confused condition of the decedent's affairs, it is impraeticable for the executor, administrator, trustee, or beneficiary of said estate to file with the clerk of the court a full, complete, and itemized inventory of the personal assets belonging to the estate within the time required by statute for filing inventories of estates of decedents, the court may, upon the application of such representative or parties in interest, extend the time for filing the appraisement for a period not to exceed three months beyond the time fixed by law, or such further time as may be necessary upon good cause shown. (Laws 1903, p. 49; 1 Lord's Laws, p. 681.)

§ 1055. Inventory and Appraisement to be Sent to State Treasurer.

Sec. 1209. Every executor or administrator, or trustee of any estate subject to the tax herein provided, shall, at least ten days prior to the first appraisement thereof, as provided by law, notify the state treasurer in writing of the time and place of such appraisement, and 'shall file due proof of such notice with a copy thereof with the clerk of the court having jurisdiction of such estate or trust. Every executor, administrator, or trustee, within ten days after such appraisement, or appraisement of any beneficial interest or reappraisement thereof, and before payment and distribution to the legatees or any parties entitled to beneficiary interest therein, shall make and render to the said state treasurer a copy of the said inventory and appraisement, duly certified as such by the clerk of the court having jurisdiction of said estate, and shall also make and file with the said state treasurer a schedule, list, or statement, in duplicate, of the amount of such legacy or distributive share, together with the amount of tax which has accrued or will accrue thereon, verified by his oath or affirmation, to be administered and certified thereon by some magistrate or officer having lawful power to administer such oaths, in such form and manner as may be prescribed by the state treasurer, which schedule, list, or statement shall contain the names of each and every person entitled