puting the value of yearly incomes or life estates mentioned in this chapter. The auditor of accounts shall draw his order to defray the expenses incurred under this section. (Pub. Stats. 1906, p. 247.)

§ 1253. Estates for Life or for Years and Remainders.

Sec. 857. Whenever a person bequeaths or devises the use of property for the term of a natural life or lives, or for a term of years, or gives or conveys such use in the manner provided in section eight hundred twentythree, to or for the use of any person, society, institution or corporation exempt from the payment of a tax imposed by this chapter, and bequeaths, devises, gives or conveys the remainder to a person, society, institution or corporation subject to the taxes herein before imposed, the value of the prior estate shall, in the manner herein before provided, be deducted from the appraised value of such property; and the person entitled to such remainder shall be liable to the tax imposed by this chapter. Such tax shall become due and payable at the same time that a tax would become due and payable, if the entire property, instead of a remainder therein, had passed to the person receiving such remainder. (Pub. Stats. 1906, p. 247; Laws 1908, p. 28.)

§ 1254. Bequest to Executor in Lieu of Compensation.

Sec. 858. When a decedent appoints one or more executors or trustees and, in lieu of their compensation, makes a bequest or devise of property to them which would otherwise be liable to a tax imposed by this chapter, or appoints them his residuary legatees, and such bequests, devises or residuary legacies exceed what would be a reasonable compensation for their services, such excess shall be liable to the taxes imposed by this chapter. The probate court having jurisdiction of their accounts shall determine what would have been such reasonable compensation, and the amount of such excess, if any. (Pub. Stats. 1906, p. 248.)

§ 1255. Receipts to be Issued by State Treasurer.

Sec. 859. The state treasurer shall, upon receiving the amount of a tax under the provisions of this chapter, issue receipts in triplicate to the person paying the tax, who shall forthwith file one copy thereof with the auditor of accounts, one with the commissioner of state taxes and one with the probate court wherein the estate is administered; provided that the person paying such tax upon property passing in any other manner than that described in section eight hundred and twenty-two may retain one copy of such receipt instead of filing the same with the probate court. (Pub. Stats. 1906, p. 248.)

§ 1256. Rebate in Case of Excessive Payment.

Sec. 860. Whenever the state treasurer has received money on account of a tax imposed by this chapter in excess of the amount finally fixed by a court having jurisdiction thereof, or in excess of the amount otherwise determined under the provisions of this chapter, the commissioner of state taxes may certify the amount of such excess and the name of the person

entitled thereto to the auditor of accounts, who shall thereupon draw an order for such excess, in favor of the person designated in such certificate. Said commissioner shall execute such certificate in quadruplicate and shall deliver one copy thereof to the person entitled to such rebate, file one with the state treasurer, and one with the auditor of accounts and retain one for his own files. (Pub. Stats. 1906, p. 248.)

§ 1257. Time for Payment of Tax.

Sec. 861. Taxes imposed by this chapter, unless otherwise provided, shall be payable to the state treasurer on or before the expiration of two years from the date of the death of the decedent. (Pub. Stats. 1906, p. 248.)

§ 1258. Payment of Tax on Delivery of Distributive Share.

Sec. 862. When legacies or distributive shares are delivered or paid within such two years to a legatee or heir, the taxes due on account of such legacies or shares shall be paid to the state treasurer at the time such legacies or shares are paid or delivered. (Pub. Stats. 1906, p. 249.)

§ 1259. Extension of Time in Certain Cases.

Sec. 863. A probate court administering an estate may extend the time within which a tax imposed by this chapter shall be due and payable, whenever the circumstances of the case so require. (Pub. Stats. 1906, p. 249.)

§ 1260. Extension of Time Where Value not Determinable.

Sec. 864. If, for any reason, said probate court shall, at any time, be unable to determine the value of a part or all of such legacies or shares, or the amount of a part or all of a tax due the state thereon, it shall, from time to time, extend the time within which such taxes shall become due and payable. (Pub. Stats. 1906, p. 249.)

§ 1261. Records to be Kept of Extension of Time.

Sec. 865. Whenever the probate court extends the time for assessment and payment of a tax imposed by this chapter, it shall make a record thereof and shall forthwith file with the commissioner of state taxes a statement showing the date to which such extension is made and what legacies or shares are thereby affected. (Pub. Stats. 1906, p. 249.)

§ 1262. Time for Payment of Tax.

Sec. 866. Taxes due under the provisions of section eight hundred and twenty-three shall be payable on or before the expiration of three months from the date of the death of the grantor or donor therein mentioned, unless the grantee or donee sooner enters into possession of the property acquired in the manner therein mentioned; in which case, the tax shall thereupon become payable. (Pub. Stats. 1906, p. 249.)

§ 1263. Inventory of Property.

Sec. 867. A person who as grantee or donee comes into the possession or enjoyment of property in the manner specified in section eight hundred

and twenty-three shall forthwith file with the commissioner of state taxes a just and true inventory under oath of all such property, giving a description of the property included in such conveyances, deeds and gifts. (Pub. Stats. 1906, p. 249.)

§ 1264. Failure to File Inventory.

Sec. 868. A person who neglects or refuses to file the inventory provided in the preceding section shall be subject to a penalty of not more than ten per cent nor less than five per cent of the value of the property which so comes into his possession or enjoyment, to be recovered in an action on this statute brought in the name of the state by the commissioner of state taxes. (Pub. Stats. 1906, p. 249.)

§ 1265. Interest on Taxes.

Sec. 869. Taxes not paid to the state treasurer when due under the provisions of this chapter, unless the time for payment thereof has been extended by the probate court pursuant to the provisions of this chapter, shall bear interest from the date at which the same become payable until the same are paid. (Pub. Stats. 1906, p. 249.)

§ 1266. Reports to be Made by Register of Probate.

Sec. 870. In estates wherein property may be decreed to a legatee or heir liable to a tax imposed by this chapter, the register of the probate court having jurisdiction thereof shall, at the time of granting letters of administration therein, upon blanks to be furnished by the commissioner of state taxes, report the name of the decedent, the date of his death, the name and address of the administrator or executor, and the relationship, if any, and the names of all known legatees or heirs liable to the taxes imposed by this chapter. (Pub. Stats. 1906, p. 250.)

§ 1267. Report to be Made by Register of Probate to Commissioner of Taxes.

Sec. 871. Whenever the probate court fixes a date for the determination of the amount due to the state on account of a tax imposed by this chapter, or for the determination of the value of a legacy or share passing to a legatee or heir liable to such tax, or for the determination of any matter pertaining to a tax imposed by this chapter, the register of probate shall, upon blanks furnished for that purpose by the commissioner of state taxes, forthwith mail to said commissioner a statement showing the name of the estate, the date of such hearing, the nature thereof, whether or not the property out of which such legacy or share is to be decreed is in money or its equivalent, and, if in other property, a brief description thereof as shown by the files of said court. If such hearing is continued, notice thereof shall be given in person or by mail to said commissioner. (Pub. Stats. 1906, p. 250.)

§ 1268. Application by Tax Commissioner for Administration.

Sec. 872. If, upon the decease of a person leaving an estate passing in whole or in part to legatees or heirs liable to the taxes imposed by this

chapter, no will disposing of such estate is offered for probate within the time prescribed by law and no application for administration is made within four months from the date of such decease, the commissioner of state taxes shall apply to the probate court for the appointment of an administrator of such estate. (Pub. Stats. 1906, p. 250.)

§ 1269. Notice to Commissioner of Taxes of Taxable Transfers.

Sec. 873. A judge or register of probate shall forthwith notify the commissioner of state taxes, upon blanks to be furnished by him, of estates mentioned in the preceding section, known to them or either of them, in which no will or application for administration is presented within the time specified. (Pub. Stats. 1906, p. 250.)

§ 1270. Copies of Papers and Records.

Sec. 874. An administrator, executor, trustee or other legal representative of a decedent, appointed by a probate court within this state or by a foreign court or government, shall, when required in writing by the commissioner of state taxes, within a reasonable time after receiving such requisition and without expense to the state, furnish said commissioner a certified copy of any part or all of any record, or of the will, inventory or other document required to be filed in the court wherein the estate of which he is such administrator, executor, trustee or legal representative is being administered. (Pub. Stats. 1906, p. 250.)

§ 1271. Refusal of Officer to Furnish Copies.

Sec. 875. An administrator, executor, trustee or legal representative mentioned in the preceding section, appointed by a probate court in this state, shall forfeit to the state five dollars for each day's neglect or refusal to provide the certified copies therein specified, within a reasonable time after receiving requisition therefor; and if a foreign administrator, executor, trustee or legal representative neglects or refuses to furnish the copies therein required, no certificate shall be given by the commissioner of state taxes under the provisions of section eight hundred and eighty-two, until such certified copies are furnished and a reasonable time has thereafter elapsed. (Pub. Stats. 1906, p. 251.)

§ 1272.

Transfers of Stock or Obligations by Foreign Executor. Sec. 876. I. If a foreign administrator, executor or trustee assigns or transfers any stock or obligation in a domestic corporation, or in a foreign corporation having its principal place of business located in this state, or in a national bank located in this state, owned by a deceased nonresident at the time of his death and passing by will or the laws of descent of the state or government wherein such administrator, executor or trustee receives his appointment, to or for the use of any person other than the father, mother, husband, wife, lineal descendant, stepchild, child adopted as aforesaid, child of a stepchild or of such adopted child, the wife or widow of a son, the husband of a daughter, a bishop in his ecclesiastical capacity for religious uses within this state, a town or city in this state for cemetery

purposes, or to or for the use of a charitable, educational or religious society or institution created and existing under the laws of this state, such administrator, executor or trustee shall pay to the state a tax equal to five per cent of the value in money, at the date of such assignment or transfer, of such part or all of such stocks or obligations so passing by will or the laws of descent.

II. If such taxes are not paid on or before the date of such assignment or transfer, they shall be a lien on such stock or obligation until the same are paid.

III. In determining the amount of any tax imposed by this section, no deductions on account of debts or expenses of administration shall be made unless such debts or expenses have been allowed by the probate, surrogate or other court having original jurisdiction of said estate.

IV. The words "stock" and "obligation," as used in this section, shall be construed to include the proceeds thereof. (Pub. Stats. 1906, p. 251; Laws 1910, p. 57.)

§ 1273. Penalty for Recording Transfer of Stock Without Payment of Tax. Sec. 877. A domestic corporation, or a foreign corporation having its principal place of business in this state, or a national bank located in this state, which records a transfer of a share of its stock or of its obligation, made by a foreign administrator, executor or trustee, or which issues a new certificate for a share of its stock or of the transfer of an obligation aforesaid at the instance of a foreign administrator, executor or trustee, before the taxes imposed by the preceding section are paid, shall be liable for such tax in an action upon this statute brought in the name of the state by the commissioner of state taxes. (Pub. Stats. 1906, p. 251.)

§ 1274. Transfer or Receipts of Securities or Assets by Foreign Executor or Legatee. Sec. 878. I. If a foreign administrator, executor or trustee of a nonresident decedent, or a legatee or heir of such decedent, or an assignee of such administrator, executor, trustee, legatee or heir, collects, receives or assigns securities or assets, being in this state at the time of the death of such nonresident decedent and belonging to him at his decease, which shall pass in whole or in part by will or the laws of descent of the state or government wherein such foreign administrator, executor or trustee has received his appointment, to or for the use of any person other than the father, mother, husband, wife, lineal descendant, stepchild, child adopted as aforesaid, child of a stepchild or of such adopted child, the wife or widow of a son, the husband of a daughter, a bishop in his ecclesiastical capacity for religious uses within this state, or a town or city in this state for cemetery purposes, or to or for the use of a charitable, educational or religious society or institution created and existing under the laws of this state, such foreign administrator, executor or trustee, the assignee of such securities or assets, or any legatee or heir of such nonresident decedent, shall pay to the state a tax equal to five per cent of the value in money,