the lien of the inheritance tax on remainders, reversions or deferred estates, parties owning the beneficial interest may pay at any time the said tax on the present worth of such interest determined according to the rules herein fixed. Upon the approval of such appraisement by the court, the party entitled to such life estate or term of years, shall, within sixty days thereafter pay the tax on such life or term estate, and in default thereof the court may order such interest in such estate or so much thereof as shall be necessary to pay such tax, to be sold. Upon the determination of such life estate or term of years, unless the tax on the remainder shall have been previously paid, as provided in this section, the same provision shall apply as to the ascertainment of the amount of the tax and the collection of the same on the real estate in remainder as in like cases is provided in the preceding section. Whenever any personal estate of a decedent shall be subjectto such tax, and there be a life estate or interest for a term of years given, the court shall inquire into and determine the value of the life estate or interest for the term of years, and order and direct the amount of the tax thereon, to be paid by the prior estate, and that to be paid by the remainderman, each of whom shall pay their proportion of such tax within six months from such determination, unless a longer period is fixed by the court, and in default thereof the executor, administrator or trustee shall pay the tax out of said property, as the court may direct. (Laws 1901, p. 70; 2 Rem. & Bal. Codes & Stats., p. 2084.)

§ 1311. Bequest to Executor in Lieu of Commissions.

Sec. 9189. 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 board of tax commissioners, shall fix such compensation. (Laws 1901, p. 72; Laws 1907, p. 502; 2 Rem. & Bal. Codes & Stats., p. 2085.)

§ 1312. Legacy Charged upon Real Estate.

Sec. 9190. Whenever any legacies subject to said tax are charged upon or payable out of any real estate, the heir or devisee, before paying the legacies, shall deduct said tax therefrom and pay it to the executor, administrator, trustee or state treasurer, and the same shall remain a charge and be a lien upon said real estate until it is paid; and payment thereof shall be enforced by the executor, administrator, trustee or state board of tax commissioners, in the same manner as the payment of the legacy itself could be enforced. (Laws 1901, p. 72; Laws 1907, p. 502; 2 Rem. & Bal. Codes & Stats., p. 2085.)

Sec. 9191. Every executor, administrator or trustee having in charge or trust any property subject to said tax, and which is made payable by him, shall deduct the tax therefrom, or shall collect the tax thereon from the lega

tee or person entitled to said property, and he shall not deliver any specific legacy or property subject to said tax to any person until he has collected the tax thereon. (Laws 1901, p. 72; 2 Rem. & Bal. Codes & Stats., p. 2085.)

§ 1314. Payment to State Treasurer-Receipts-Interest.

Sec. 9192. All taxes imposed by this chapter shall be payable to the state treasurer, who shall issue his receipt therefor in duplicate, one of which shall be filed with the state board of tax commissioners, and those taxes which are made payable by executors, administrators or trustees, shall be paid within fifteen months from the death of the testator or intestate, or within fifteen months from assuming the trust by such trustee, unless a longer period is fixed by the court. All taxes not paid within the time prescribed in this section shall draw interest at the legal rate until paid. (Laws 1901, p. 72; Laws 1907, p. 502; 2 Rem. & Bal. Codes & Stats., p. 2085.)

§ 1315. Appraisers and Appraisement.

Sec. 9193. The superior court, having jurisdiction, shall appoint three suitable, disinterested persons to appraise the estate and effects of deceased persons for inheritance tax purposes, and unless otherwise provided by order of the court, the appraisers appointed under the probate law to appraise the estate and effects of deceased persons, shall be and constitute the appraisers under the provisions of this chapter. It shall be the duty of all such appraisers to forthwith give notice to the state board of tax commissioners, of the time and place at which they will appraise such property, which time shall not be less than twenty days from the date of such notice. The notice shall be served in the same manner as is prescribed for the commencement of civil actions, unless a different one is ordered by the court or judge, and the notice, with the proof of the service thereof, shall be returned to the court with the appraisement. The state board of tax commissioners or any person interested in the estate appraised, may file exceptions to the appraisement, which shall be heard and determined by the court having jurisdiction in probate of the estate involved. If, upon the hearing, the court finds the amount at which the property is appraised is its market value and the appraisement was fairly and in good faith made, it shall approve such appraisement; but if it finds that the appraisement was made at a greater or less sum than the market value of the property, or that the same was not fairly or in good faith made, it shall set aside the appraisement and determine such value. The state board of tax commissioners, or anyone interested in the property appraised, may appeal to the supreme court from the order of the superior court in the premises. (Laws 1901, p. 73; Laws 1905, p. 222; Laws 1907, p. 504; 2 Rem. & Bal. Codes & Stats., p. 2086.)

§ 1316. Transfer of Stock or Obligations by Foreign Executor.

Sec. 9194. If a foreign executor, administrator or trustee shall assign 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 state treasurer on or before the transfer thereof, otherwise, the corporation permitting its stock to be so transferred on its books shall be liable to pay

such tax. No safe deposit company, bank or other institution, person or persons, holding any securities, property or assets of any nonresident decedent, shall deliver or transfer the same to any nonresident executor, administrator or representative of such decedent, until after a notice in writing of the time and place of such transfer shall have been duly given the state board of tax commissioners at least ten (10) days prior thereto, and the tax imposed by this chapter paid thereon, and every such safe deposit company, bank or other institution, person or persons, shall be liable for the payment of such tax. (Laws 1901, p. 73; Laws 1907, p. 503; 2 Rem. & Bal. Codes & Stats., p. 2086.)

§ 1317. Statement of Character of Property and Names of Heirs.

Sec. 9195. Upon the filing of any petition for letters of administration or for the probate of any will, it shall be the duty of the petitioner to furnish the clerk of the court with a list of the heirs, legatees or devisees of the estate, and the relationship which each bears to the decedent, together with a statement of the location, nature and probable value of the entire estate, and an estimate of the amount or value of each distributive share. The clerk of the court shall immediately forward a true copy of such list to the state board of tax commissioners, also notifying said board of the date of such filing, together with the name, and, if known, the place of residence of the deceased, the name, and, if known, the place of residence of the petitioner, and, if known, the name and place of residence of the attorney for petitioner, such list and notice to be in such form as the state board of tax commissioners may prescribe. (Laws 1901, p. 73; Laws 1905, p. 223; Laws 1907, p. 505; 2 Rem, & Bal. Codes & Stats., p. 2086.)

§ 1318. Extension of Time for Filing Appraisement.

Sec. 9196. Whenever by reason of the complicated nature of an estate, or by reason of the confused condition of the decedent's affairs, it is [impracticable] 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 the estates, the court may, upon the application of such representatives or parties in interest, extend the time for the filing of the appraisement for a period not to exceed three months beyond the time fixed by law. (Laws 1901, p. 74; 2 Rem. & Bal. Codes & Stats., p. 2087.)

§ 1319. Compromise by Tax Commissioners.

Sec. 9197. Whenever an estate charged, or sought to be charged with the 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 state board of tax commissioners may compromise with the beneficiaries or representatives of such estates, and compound the tax thereon; but said settlement must be approved by the superior court having jurisdiction of the estate, and after such approval, the pay. ment of the amount of the taxes so agreed upon shall discharge the lien against the property of the estate. (Laws 1901, p. 74; Laws 1907, p. 503; 2 Rem. & Bal. Codes & Stats., p. 2087.)

§ 1320. Powers and Duties of Tax Commissioners.

Sec. 9198. Administrators, executors and trustees of the estates subject to the inheritance tax shall, when demanded by the state board of tax commissioners, send such board certified copies of such parts of their reports as may be demanded by it or any member thereof, and upon refusal of said parties to comply with such demand, it is the duty of the clerk of the court to furnish such copies, and the expense of making the same shall be charged against the estate as are other costs in probate. And it shall be the duty of the state board of tax commissioners to exercise general supervision of the collection of the inheritance taxes provided in this chapter, and in the discharge of such duty the state board of tax commissioners, or any member thereof, may institute and prosecute such suits or proceedings in the courts of the state as may be necessary and proper, appearing therein for such purpose; and it shall be the duty of the several county attorneys to render assistance therein when called upon by such board so to do. The said board shall keep a record in which shall be entered memoranda of all the proceedings had in each case, and shall also keep an itemized account showing the amount of such taxes collected, in detail, charging the state treasurer therewith. (Laws 1901, p. 74; Laws

1907, p. 503; 2 Rem. & Bal. Codes & Stats., p. 2087.)

§ 1321. Exemptions of Charitable Institutions.

Sec. 9199. All bequests and devises of property within this state when the same is for one of the following charitable purposes, namely: The relief of aged, impotent [indigent] and poor people; maintenance of the sick or maimed or the support or education of orphans or indigent children shall be exempt from the payment of any tax or sum under any inheritance tax law; and any property in this state which has been devised or bequeathed for such charitable purposes, and upon which a state inheritance tax is claimed or is owing, is hereby declared to be exempt from the payment of such tax, and the same is hereby remitted. (Laws 1905, p. 199; 2 Rem. & Bal. Codes & Stats., p. 2088.)

CHAPTER LVIII.

WEST VIRGINIA STATUTE.

(Code of 1906, pp. 489-499; Code Supplement of 1909, pp. 206–210.)

§ 1324.

Rates of Taxation in Other Cases.

1325. Exemptions from Tax.

§ 1326. Determination of Market Value of Property.

§ 1327.

Bequests to Executor in Payment of Debt or in Lieu of Compensa-
tion.

Estates for Years or for Life-Remainder and Contingent Interests.
Situs of Personal Property.

§ 1328.

§ 1329.

§ 1330.

Lien of Tax.

§ 1335. § 1336.

§ 1337.

§ 1338.

§ 1339.

Suspension of Payment of Tax.

Transfer of Stocks or Securities by Foreign Executor.

Duty of County Clerk or Court to Report Transfers.
Statement by Executor of Transfers Subject to Tax.

Ascertainment by Tax Commissioner of Taxable Transfers-Cer-
tificates.

Failure to Report Transfers to Tax Commissioner-Proceedings.
Recording Certificates of Tax Commissioner.

Assessment of Tax by Commissioner.

Payment of Tax into Treasury-Certificate of Payment.
Enforcement of Tax.

Appeals from Assessment.

Fees of Clerk of County Court.

Account of Fiduciaries not Allowed Without Certificate of Tax

§ 1340.

§ 1341.

§ 1342.

§ 1343.

§ 1344.

§ 1345.

§ 1346.

Compromise by Tax Commissioner.

Commissioner.

§ 1322. Transfers Subject to Tax.

Sec. 1. A tax, payable into the treasury of the state, shall be imposed upon the transfer, in trust or otherwise, of any property, or interest therein, real[,] personal or mixed, if such transfer be:

(a) By will or by the laws of this state regulating descents and distributions, from any person who is a resident of the state at the time of his death and who shall die seised or possessed of the property.

(b) By will or by laws regulating descents and distributions, of property within the state, or within its jurisdiction, and the decedent was a nonresident of the state at the time of his death.