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upon a legacy of like amount. The value of legacies or distributive shares in the estates of deceased persons for the purpose of the legacy or succession tax shall not be diminished by reason of any claim against the estate based upon such a contract in favor of the persons entitled to such legacies or distributive shares, except in so far as it may be shown affirmatively by competent evidence that such claim was legally due and payable in the lifetime of the decedent. Payment of the amount so certified shall be a discharge of the tax. An executor, administrator, trustee or grantee who is aggrieved by any such determination of the state treasurer and who pays the tax assessed without appeal, may, within one year after the payment of such tax to the treasurer, but not afterward, apply to the probate court having jurisdiction of the estate of the decedent for the abatement of said tax or any part thereof, and if the court adjudges that said tax or any part thereof was wrongfully exacted it shall order an abatement of such portion of said tax as was assessed without authority of law which said order or decree shall be subject to appeal as in other cases. Upon a final decision ordering an abatement of any portion of said tax, the state treasurer shall repay the amount adjudged to have been illegally exacted without any further act or resolve making appropriation therefor. Whenever a specific bequest of household furniture, wearing apparel, personal ornaments or similar articles of small value is subject to a tax under the provisions of this act, the state treasurer in his discretion may abate such tax if in his opinion the tax is not of sufficient amount to justify the labor and expense of its collection. (Laws 1911, p. 48.)

§ 889. Reappraisement-Assessment of Tax.

Sec. 13. If an executor or administrator shall fail to file an inventory and appraisal in the probate court as provided in section 9 of this act, or if the state treasurer is not satisfied with the inventory and appraisal which is filed, the state treasurer may employ a suitable person to appraise the property and the executor or administrator shall show the property of the decedent to such appraiser upon demand, and shall make and subscribe his oath that the property thus shown includes all the property of the decedent that has come to his knowledge or possession. Such appraiser shall prepare an inventory of said property, and shall appraise it at its actual market value at the time of the decedent's death and shall return such inventory and appraisal to the state treasurer. The expense of such appraisal shall be a charge upon the estate of the decedent as an expense of administration in all cases where an inventory and appraisal has not been filed as provided in said section 9, otherwise the expense shall be paid by the state treasurer. An executor or administrator who shall neglect or refuse to show the property of the decedent to such appraiser upon demand or to make and subscribe such oath shall be liable to the same penalty as for a violation of the provisions of said section 9. Said tax shall be assessed upon the actual market value of the property at the time of the decedent's death. Such value shall be determined by the state treasurer and notified by him to the person or persons by whom the tax is payable, and such determination shall be final unless the value so determined shall be reduced

by proceedings as herein provided. Upon the application of any party interested in the succession, or of the executor, administrator, or trustee, made at any time within three months after notice of such determination, the probate court shall appoint three disinterested appraisers, or with the consent of the state treasurer, one disinterested appraiser, who first being sworn, shall appraise such property at its actual market value, as of the date of the death of the decedent and shall make return thereof to said court. Such return when accepted by said court, shall be final; provided, that any party aggrieved by such appraisal shall have an appeal upon matters of law. One-half of the fees of said appraisers, as determined by the judge of said court, shall be paid by the state treasurer, and one-half of said fees shall be paid by the other party or parties to said proceeding. (Laws 1911, p. 49.)

§ 890. Appeal-Enforcement of Lien.

Sec. 14. An executor, administrator, trustee or grantee who is aggrieved by the assessment of any tax by the state treasurer as provided in section 12 may at any time within three months after notice of such assessment appeal therefrom to the probate court having jurisdiction of the settlement of the estate of the decedent, which court shall, subject to appeal as in other cases, hear and determine all questions relative to said tax, and the state treasurer shall represent the state in any such proceeding. Whenever any real estate or separate parcel thereof is subject to a lien created by this act, or any amendment thereof, the probate court shall have jurisdiction in like proceedings to make such order or decree as will otherwise secure to the state the payment of any tax due or to become due on such real estate or separate parcel thereof, and upon the performance of such order or decree to discharge such lien. (Laws 1911, p. 50.)

§ 891. Application by State Treasurer for Administration.

Sec. 15. If, upon the decease of a person leaving an estate liable to a tax under the provisions of this chapter, a will disposing of such estate is not offered for probate, or an application for administration made within four months after such decease, the proper probate court, upon application by the state treasurer, shall appoint an administrator. (Laws 1911, p. 50.)

§ 892.

Account of Executor not Allowed Until Taxes Paid. Sec. 16. No account of an executor, administrator, or trustee shall be allowed by the probate court until the certificate of the state treasurer has been filed in said court, that all taxes imposed by the provisions of this act upon any property or interest therein belonging to the estate to be included in said account, and already payable, have been paid, and that all taxes which may become due on said estate have been paid, or settled as hereinbefore provided, or that the payment thereof to the state is secured by deposit or by lien on real estate. The certificate of the state treasurer as to the amount of the tax and his receipt for the amount therein certified shall be conclusive as to the payment of the tax, to the extent of said certification. (Laws 1911, p. 50.)

893. Appearance Before State Treasurer in the Matter of Taxes. Sec. 17. At any time after the expiration of two years from the date of the bond of the executor or administrator of any estate upon which the tax has not been determined as provided in section 12, or upon which no tax has been paid, the state treasurer may require such executor or administrator, or any person or corporation interested in the succession to appear at the state treasury, at such time as the treasurer may designate and then and there to produce for the use of the treasurer in determining whether or not the estate is subject to said tax and the amount of such tax, if any, all books, papers or securities which may be in the possession or control of such executor, administrator or beneficiary relating to such estate or tax, and to furnish such other information relating to the same as he may be able and the treasurer may require. Whenever the treasurer shall desire the attendance of an executor, administrator or beneficiary as herein provided, he shall issue a notice stating the time when such attendance is required, and shall transmit the same by registered mail to such person or corporation, fourteen days at least before the date when such person or corporation is required to appear. If a person or corporation receiving such notice neglects to attend, or to give attendance so long as may be necessary for the purpose for which the notice was issued, or refuses to produce such books, papers or securities or to furnish such information, such person or corporation shall be liable to a penalty of twenty-five dollars ($25) for each offense which shall be recovered by the state treasurer for the use of the state. The state treasurer may commence an action for the recovery of any of said taxes at any time after the same become payable; and also whenever 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 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. (Laws 1911, p. 50.)

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

Sec. 18. If a foreign executor, administrator or trustee assigns or transfers any stock or obligation 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 state treasurer 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. A bank located in this state or a corporation organized under the laws of this state which shall record a transfer of any share of its stock or of its obligations made by a foreign executor, administrator or trustee, or issue a new certificate for a share of its stock or of this transfer of an obligation 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 brought by the state treasurer. (Laws 1911, p. 51.)

§ 895. Transfer of Securities or Assets Belonging to Estate of Nonresident.

Sec. 19. Securities or assets belonging to the estate of a deceased nonresident shall not be delivered or transferred to a foreign executor, administrator, or legal representative of said decedent, unless such executor, administrator or legal representative has been licensed to receive such securities or assets by the probate court without serving notice upon the state treasurer of the time and place of such intended delivery or transfer seven days at least before the time of such delivery or transfer. The state treasurer, either personally or by representative, may examine such securities or assets at the time of such delivery or transfer. When such securities or assets are liable to a tax under the provisions of this chapter, such tax shall be paid before such delivery or transfer. Failure to serve such notice or to allow such examination, or delivery or transfer of such securities or assets before the payment of such tax to the state treasurer shall render the person or corporation making the delivery or transfer liable in an action brought by the state treasurer to the payment of the tax due upon said securities or assets. (Laws 1911, p. 51.)

§ 896.

State Treasurer a Party to All Proceedings.

Sec. 20. The state treasurer shall be made a party to all petitions by foreign executors, administrators, or trustees brought under the provisions of this act, or under section 23 of chapter 189 of the Public Statutes, and no decree shall be made upon any such petition unless it appears that notice of such petition has been served on the state treasurer fourteen days at least before the return day of such petition. The state treasurer shall be entitled to appear in any proceeding in any court in which the decree may in any way affect the tax and no decree in any such proceeding or upon appeal therefrom shall be binding upon the state unless personal notice of such proceeding shall have been given to the state treasurer. (Laws 1911, p. 52.)

§ 897. Books and Blanks to be Furnished Probate Judge.

Sec. 21. The state treasurer shall provide the judges and registers of probate of the state with such books and blanks as are requisite for the execution of this act. (Laws 1911, p. 52.),

§ 898. Time When Statute Takes Effect.

Sec. 22. This act shall not apply to estates of persons deceased prior to the date when it takes effect, or to property passing by deed, grant, bargain, sale or gift taking effect prior to said date; but said estates and property shall remain subject to the provisions of the laws in force prior to the passage of this act. Chapter 64 of the Laws of 1907 is hereby repealed, except in so far as it applies to estates of persons deceased prior to the passage of this act. (Laws 1911, p. 52.)

This act shall take effect upon its passage. Approved March 9, 1911. (Laws 1911, p. 52.).

CHAPTER XLIII.

NEW JERSEY STATUTE.

(Public Laws of 1894, p. 318; Public Laws of 1898, p. 106; Public Laws of 1902, p. 670; Public Laws of 1903, p. 128; Public Laws of 1906, p. 432; Public Laws of 1908, p. 200; Public Laws of 1909, pp. 49, 236, 304, 325; Compiled Statutes of 1910, pp. 5301-5311.)

899. Transfers Subject to Tax-Rates-Persons Liable-Exemptions. Estates for Years or for Life and Remainders.

§ 900.

§ 901.

§ 902.

Expectancies, Contingent Estates, and Executory Devises.
Bequest to Executor in Lieu of Compensation.

§ 903.

§ 904.

Time for Payment-Interest and Discount-Bond-Lien.
Penalty for Nonpayment of Tax.

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§ 909.

§ 910.

§ 911.

§ 912.

§ 913.

914.

§ 915.

Refund of Tax on Proof of Debts After Distribution.
Transfer of Property of Nonresident Decedent.

Liability of Property to Tax Due Prior to Passage of This Act.
Valuation of Annuities and Estates for Life or for Years.
Refund of Tax Erroneously Paid.

Notice to Controller of Administration Proceedings.
Examination of Papers and Records by Controller.

§ 916. Appraisers and Appraisement.

§ 917. Compensation-Penalty for Taking Illegal Fees,

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§ 920.

§ 921.

Notice to Attorney General of Delinquencies-Proceedings.
Records to be Kept by Controller.

§ 922.

§ 923.

§ 924.

Compensation to Person Discovering Taxable Transfer.
False Statement to Appraiser-Penalty.

Definition of Terms.

§ 925.

Constitutionality of Sections.

§ 926.

Repeal of Inconsistent Acts-Liens and Remedies.

§ 927. Exemption of Certain Transfers.

§ 928. Retrospective Operation of Exemption.

§ 929. Warrant to Controller.

§ 899.

Transfers Subject to Tax-Rates-Persons Liable-Exemptions. Sec. 1. A tax shall be and is hereby imposed upon the transfer of any property, real or personal, of the value of five hundred dollars or over, or of any interest therein or income therefrom, in trust or otherwise, to persons or corporations, in the following cases:

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