Bill of com of. Who parties to proceedings. [No. 110.] AN ACT to authorize the legal representatives or trustees of the estate of deceased persons, minors, and mentally incompetent persons being administered in probate courts to commence and prosecute proceedings in a court of chancery to adjudicate the rights of adverse claimants and the legal representatives and trustees acting under conflicting proceedings to property in possession of those commencing the proceedings. The People of the State of Michigan enact: SECTION 1. Whenever the legal representative or trustee plaint, filing heretofore or hereafter appointed by a probate court of the estate of a deceased person, or of a minor, or of a mentally incompetent person, has real or personal property or the proceeds of such property exceeding one hundred dollars in value in his possession; and he has good reason to doubt his right to hold or dispose of the same by reason of adverse claims of title or lien of other persons or corporations, or by reason of conflicting proceedings in the same or other probate courts to administer the same estate, and no proceedings have been taken by adverse claimants or otherwise to test his right, he may file in the circuit court in chancery of the county where the probate court appointing him is located his bill of complaint verified by him or someone having knowledge of the facts in the nature of a bill of peace to have adjudicated the validity of his own right and the rights of the adverse claimants and the legal representatives appointed in the conflicting proceedings. SEC. 2. All known adverse claimants and the legal representatives and trustees appointed in the conflicting proceedings, as well as all apparent beneficiaries of the estates being administered, shall be made parties to the proceedings described in the next preceding section: Provided, In case there be any apparent claimant or apparent beneficiary, who is a person who has been absent for any reason for the continuous period of seven years from his last place of abode known to those persons most likely to know the same, and whose whereabouts have for the same period been unknown to the same persons, and who has not been heard from for the same period by the same persons; not only shall those known persons who have apparently succeeded to the rights of the absent person (presumptively dead), but also such apparent claimant or apparent beneficiary himself and his successors in right unknown to the same persons, shall be made parties defendant under the proper name of the absent person followed by the words "and his unknown successors in right". SEC. 3. In the event that an absent person and his unknown successors in right are made parties defendant, as provided in the next preceding section, the bill of complaint shall Proviso, unknown successors. Rehearing. be verified and all subsequent proceedings shall be had and the right to reopen and rehear shall exist in the manner provided in sections twenty-four and twenty-five of chapter twelve of "The judicature act of nineteen hundred fifteen", being section twelve thousand three hundred seventy-five and twelve thousand three hundred seventy-six of the compiled laws for the year nineteen hundred fifteen and the later acts amendatory thereof: Provided, It shall not be necessary to Proviso. attempt to serve by mail a copy of the order of appearance upon the absent person. SEC. 4. Crossbills of complaint may be filed, and it shall be Crossbills. the duty of the court to adjudicate the respective rights of all parties to the property in question, whether the same be real or personal or both; and the decree of the court, and of the supreme court on appeal, if an appeal be taken, shall be certified to the probate court or probate courts having original jurisdiction over the legal representatives who are parties to the cause. SEC. 5. The final decree in the case shall bind not only the Final decree binding. parties named, but also their privies; and in case of absent defendants who are dead their unknown successors in right: Provided, however, A notice of lis pendens shall be filed, in Proviso, case the property in question is real estate, to bind subse quently created titles and interests. Approved April 30, 1925. lis pendens. [No. 111.] AN ACT to amend section eighteen of act number one hundred eighty-eight of the public acts of eighteen hundred ninety-nine, entitled "An act to provide for the taxation of inheritances, transfers of property by will, transfers of property by the intestate laws of this state, or transfers of property by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor, or donor, or intended to take effect in possession or enjoyment at or after such death," being section fourteen thousand five hundred forty-one of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section eighteen of act number one hundred Section eighty-eight of the public acts of eighteen hundred ninety-nine, amended. entitled "An act to provide for the taxation of inheritances, transfers of property by will, transfers of property by the intestate laws of this state or transfers of property by deed, grant, bargain, sale, or gift, made in contemplation of the death of the grantor, vendor, or donor, or intended to take Order of determina tion. Register of deeds to make re port. effect in possession or enjoyment at or after such death," being section fourteen thousand five hundred forty-one of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 18. Each judge of probate shall, within three days after he shall have determined the tax and entered the order required in the preceding section, make a duly certified copy of such order upon forms furnished by the auditor general containing all the data and matter required to be entered in such book, one of which shall be immediately delivered to the county treasurer, from which data the said county treasurer shall obtain the information for making the duplicate receipt required by this act, and the other transmitted to the auditor general. If in any calendar quarter beginning January, April, July or October first in each year, there has been no tax determined, the judge of probate shall make a report to the auditor general affirmatively showing this fact. The register of deeds of each county shall, upon blanks prescribed and furnished by the auditor general, as often as any deed or other conveyance is filed or recorded in his office of any property which appears to have been made in contemplation of death or intended to take effect in possession or enjoyment after the death of the grantor or vendor, make reports in duplicate containing a statement of the name and place of residence of such grantor or vendor, the name, relationship and place of residence of the grantee or vendee, and a descrip tion and the value of the property transferred and the consideration for the transfer as stated in the instrument filed or recorded, one of which duplicates shall be immediately delivered to the county treasurer, and the other transmitted Property of to the auditor general. Whenever any non-resident shall die leaving property or any interest therein, in this state which has not been duly administered under the laws of this state and it shall be necessary to have the question of the taxation of the transfer thereof determined, such question may be presented and determined upon petition to be filed by the attorney general in any probate court of this state. In any issue waiver, such case where the attorney general is satisfied from the proofs submitted or obtained. as hereinafter provided, that such transfer is not taxable he may thereupon issue a waiver with respect thereto which, upon being countersigned by the auditor general, shall operate as a determination that such transfer is not taxable. The attorney general shall charge and collect in advance a fee of one dollar for each such waiver and keep a proper record thereof. The said petition shall set forth the name of the decedent; residence at time of death; the total amount of property constituting said estate; a description of and the value of all property in Michigan; and any and all such other data as may be necessary to inform the court of the facts in connection with such matter. It shall be the duty of the probate court with which such petition is filed to fix a date for hearing thereon and to give non-resident. Attorney general to Fee. Hearing. of. to repre determined. A re- Re-deter notice of such hearing in such manner as shall be prescribed. Publication of the notice of such hearing shall not be neces- Publication sary unless ordered by the court. It shall be the duty of the executor, administrator, trustee or any interested party in said estate to furnish all such facts, data, information, reports and certified copies of proceedings had in connection with said estate in any other court, as shall be required by the attorney general or directed by the probate court. The Estate, who probate court shall appoint a resident of Michigan to repre- sent. sent the said estate at such hearing and the person so appointed shall perform such duties as shall be required by the court. The person so appointed shall have and possess all of Powers. the powers of an executor or administrator for the purposes of this section, but shall not be personally liable for any inheritance tax in said estate and shall not be required to give any bond unless so directed by the court. The said probate What court shall at the hearing on said petition or at an adjourned hearing, determine whether the transfer of such property is taxable and, if found taxable, he shall proceed as in all other cases to fix and determine the amount thereof. If it is found that the transfer of such property is not taxable, an order to that effect shall be entered in the said probate court. determination of said order may be had and an appeal there- mination. from may be taken in the same manner provided for in this act. A certified copy of all such orders determining that there is no inheritance tax due and payable may be procured from the probate court upon the payment of fifty cents: Provided, Proviso. That no order shall be entered in any such case until there is filed in said probate court receipts showing full payment of all expenses incurred including compensation due the person appointed to represent said estate, all of which expenses or compensation shall be paid by the executor, administrator or any person interested in said estate: Provided further, Further That in case it may be necessary to have any such property proviso. subjected to regular probate proceedings in this state, or if any such estate shall have been administered in this state, the right to proceed under this section shall be discretionary with the probate court. This section shall not operate to relieve any such person, as is referred to in section nine of this act from the liability therein expressed until sixty days. after the date of entry of the order determining that there is no tax upon the transfers in said estate, or in case a tax is determined, until proper receipts showing payment thereof have been duly signed by the state treasurer and countersigned by the auditor general. Approved April 30, 1925. Section amended. Library books, may sell, etc. [No. 112.] AN ACT to amend section thirteen of chapter eleven of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section five thousand seven hundred fifty-two of the compiled laws of nineteen hundred fifteen. The People of the State of Michigan enact: SECTION 1. Section thirteen of chapter eleven of act number one hundred sixty-four of the public acts of eighteen hundred eighty-one, entitled "An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act," being section five thousand seven hundred fiftytwo of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 13. The district board or board of education of any school district may donate or sell any library book or books belonging to such district to the township board, where there is a township library or to the city libraries in cities, and such books shall thereafter form a part of the township or city library; and such boards are hereby authorized to enter into a contract with any community or body of people outside of the territorial jurisdiction of said board for the use and services of said library whenever the same shall be deemed to be to the best interests of said library and the public. Approved April 30, 1925. "Carleton road". [No. 113.] AN ACT to provide that state trunk line highway number thirty-four shall hereafter be known as "Carleton road". The People of the State of Michigan enact: SECTION 1. Hereafter state trunk line highway number thirty-four, beginning at the state line and passing through Blissfield, Adrian, Hudson, Hillsdale, Jonesville, Litchfield and terminating at Homer, shall be known and designated as "Carleton road". Approved April 30, 1925. |