Page images
PDF
EPUB

visions of this part, the tax shall be paid to the treasurer and receiver general 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 commonwealth or a corporation organized under the laws of this commonwealth which shall record a transfer of any share of its stock made by a foreign executor, administrator or trustee, or issue a new certificate for a share of its stock at the instance of a foreign executor, administrator or trustee, before all taxes imposed thereon by the provisions of this part have been paid, shall be liable for such tax in an action of contract brought by the treasurer and receiver general. (Sup. Rev. Laws 1902-08, p. 249; Acts 1909, p. 653.)

§ 729.

Transfer or Delivery of Securities-Notice to Treasurer and Receiver General.

Sec. 16. 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 under the provisions of section three of chapter one hundred and forty-eight of the Revised Laws, without serving notice upon the tax commissioner of the time and place of such intended delivery or transfer, seven days at least before the time of such delivery or transfer, but the notice required by section three of said chapter one hundred and forty-eight to be given to the treasurer and receiver general shall be given to the tax commissioner in regard to all property subject to the provisions of this part, instead of being given to the treasurer and receiver general. The tax commissioner, either personally or by representative, may examine such securities or assets at the time of such delivery or transfer. Failure to serve such notice or to allow such examination shall render the person or corporation making the delivery or transfer liable, in an action of contract brought by the treasurer and receiver general, to the payment of the tax due upon said securities or assets. (Sup. Rev. Laws 1902-08, p. 246; Acts 1909, p. 653.)

§ 730. Tax Commissioner to be Party to Petition by Foreign Executor. Sec. 17. The tax commissioner shall be made a party to all petitions by foreign executors, administrators or trustees brought under the provisions of section three of chapter one hundred and forty-eight of the Revised Laws, and no decree shall be made upon any such petition unless it appears that notice of such petition has been served on the tax commissioner fourteen days at least before the return of such petition. (Sup. Rev. Laws, 190208, p. 246; Acts 1909, p. 654.)

§ 731. Refunding of Tax Paid.

Sec. 18. If a person who has paid such tax afterward refunds a portion of the property on which it was paid, or if it is judicially determined that the whole or any part of such tax ought not to have been paid, such tax,

or the due proportion thereof, shall be repaid to him by the executor, administrator or trustee. (Sup. Rev. Laws 1902-08, p. 246; Acts 1909, p. 654.)

§ 732. Appraisal and Valuation of Property.

Sec. 19. The value of the property upon which the tax is computed shall be determined by the tax commissioner 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. At any time within three months after such determination the probate court shall, upon the application of any party interested in the succession, or of the executor, administrator or trustee, appoint one disinterested appraiser or three disinterested appraisers, who first being sworn, shall appraise such property at its actual market value, as of the day 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 treasurer and receiver general, and one-half of said fees shall be paid by the other party or parties to said proceeding. (Sup. Rev. Laws 1902-08, p. 246; Acts 1909, p. 654.)

§ 733. Determination of Amount of Tax by Commissioner.

Sec. 20. The tax commissioner shall determine the amount of tax due and payable upon any estate or upon any part thereof, and shall certify the amount so due and payable to the treasurer and receiver general and to the person or persons by whom the tax is payable; but in the determination of the amount of any tax said tax commissioner shall not be required to consider any payments on account of debts or expenses of administration which have not been allowed by the probate court having jurisdiction of said estate. Payment of the amount so certified shall be a discharge of the tax. An executor, administrator, trustee or grantee who is aggrieved by any determination of the tax commissioner may, within one year after the payment of any tax to the treasurer and receiver general, apply by a petition in equity 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 wrongly exacted it shall order an abatement of such portion of said tax as was assessed without authority of law. Upon a final decision ordering an abatement of any portion of said tax, the treasurer and receiver general shall pay the amount adjudged to have been illegally exacted, with interest, without any further act or resolve making appropriation therefor. (Sup. Rev. Laws, 1902-08, p. 247; Acts 1909, p. 654.)

§ 734. Jurisdiction of Probate Court-Liability of Executor.

Sec. 21. The probate court having jurisdiction of the settlement of the estate of the decedent shall, subject to appeal as in other cases, hear and determine all questions relative to said tax, and the treasurer and receiver general shall represent the commonwealth in any such proceedings. If the court shall find that any tax remains due, it shall order the executor, ad

ministrator or trustee to pay the same, with interest and costs; and execution shall be awarded against the goods and estate of the deceased in the hands of the executor, administrator or trustee, or, if it appears that there are no such goods or estate in his hands, against the goods and estate of the executor, administrator or trustee, as if for his own debt; but the administrators, executors, trustees and grantees hereinbefore mentioned shall be personally liable only for such taxes as shall be payable while they continue in the said offices or have title as such grantees respectively. (Sup. Rev. Laws 1902-08, p. 247; Acts 1909, p. 655.)

§ 735. Application by Tax Commissioner for Appointment of Administrator.

Sec. 22. If, upon the decease of a person leaving an estate liable to a tax under the provisions of this part, a will disposing of such estate is not offered for probate, or an application for administration made within four months after such decease, the probate court, upon application by the tax commissioner, shall appoint an administrator, if it then appears that there is no will in existence. (Sup. Rev. Laws 1902-08, p. 247; Acts 1909, p. 655.)

§ 736. Account of Executor not Allowed Until Tax Paid.

Sec. 23. No final account of an executor, administrator or trustee shall be allowed by the probate court unless such account shows, and the judge of said court finds, that all taxes imposed by the provisions of this part upon any property or interest therein belonging to the estate to be settled by 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 commonwealth is secured by bond or deposit or by lien on real estate. The certificate of the tax commissioner and the receipt of the treasurer and receiver general for the amount of the tax therein certified shall be conclusive as to the payment of the tax, to the extent of said certification. (Sup. Rev. Laws 190208, p. 247; Acts 1909, p. 655.)

§ 737. Proceedings by Treasurer and Receiver General to Recover Tax. Sec. 24. The treasurer and receiver general shall commence proceedings for the recovery of any of said taxes within six months after the same become payable; and also whenever the judge or 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. (Sup. Rev. Laws 1902-08, p. 247; Acts 1909, p. 655.)

§ 738. Retrospective Operation of Statute.

Sec. 25. This part shall not apply to estates of persons deceased prior to the date when chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven took effect, nor to property passing by deed,

grant, sale or gift made prior to said date; but said estates and property shall remain subject to the provisions of law in force prior to the passage of said chapter. (Sup. Rev. Laws 1902-08, p. 248; Acts 1909, p. 656.)

§ 739.

Construction of Statute With Reference to Other Laws.

Sec. 26. The provisions of this act, so far as they are the same as those of existing statutes, shall be construed as continuations thereof, and not as new enactments, and a reference in a statute which has not been repealed to provisions of law which have been revised and re-enacted herein shall be construed as applying to such provisions as so incorporated in this act; they shall not affect any act done, liability incurred, or any right accrued and established, or any suit or prosecution, civil or criminal, pending or to be instituted, to enforce any right or penalty or punish any offense under the authority of existing laws, but the proceedings in such cases shall conform to the provisions of this act. (Sup. Rev. Laws 1902-08, p. 248; Acts 1909, p. 656.)

§ 740. Repeal of Other Legislation.

Sec. 27. Nothing in this act contained shall be construed as repealing or in any way affecting any other egislation passed in the year nineteen hundred and nine. (Acts 1909, p. 657.),

§ 741. Powers of Appointment.

Sec. 28. Whenever any person shall exercise a power of appointment derived from any disposition of property made prior to September first, nineteen hundred and seven, such appointment when made shall be deemed to be a disposition of property by the person exercising such power, taxable under the provisions of chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven, and of all acts in amendment thereof and in addition thereto, in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power, and had been bequeathed or devised by the donee by will; and whenever any person possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor, in whole or in part, a disposition of property taxable under the provisions of chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven and all acts in amendment thereof and in addition thereto shall be deemed to take place to the extent of such omission or failure in the same manner as though the persons or corporations thereby becoming entitled to the possession or enjoyment of the property to which such power related had succeeded thereto by a will of the donee of the power failing to exercise such power, taking effect at the time of such omission or failure. The provisions of chapter fifteen of the Revised Laws, chapter four hundred and seventy-three of the acts of the year nineteen hundred and two, chapters two hundred and forty-eight, two hundred and fifty-one and two hundred and seventy-six of the acts of the year nineteen hundred and three, chapter four hundred and twenty-one of acts of the year nineteen hundred and four, chapters three hundred and sixty-seven

and four hundred and seventy of the acts of the year nineteen hundred and five and chapter four hundred and thirty-six of the acts of nineteen hundred and six are hereby repealed in so far as they apply to the taxation of property passing through or by reason of powers of appointment created in dispositions of property made subsequent to June eleventh, eighteen hundred and ninety-one and prior to September first, nineteen hundred and seven, which have not been fully exercised prior to the passage of this act or the taxes thereon settled under the provisions of chapter four hundred and twenty-one of the acts of the year nineteen hundred and four. The provisions of section twenty-five of chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven are hereby repealed in so far as the same are inconsistent with the provisions of this act. (Acts 1909, p. 796.)

§ 742. Refusal to Furnish Tax Commissioner With Information.

Sec. 29. Whenever an executor, administrator, trustee, or any person who is liable to taxation under the provisions of chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven and all acts in amendment thereof and in addition thereto, refuses or neglects to furnish the tax commissioner with any information which in the opinion of the tax commissioner is necessary to the proper computation of the taxes payable by such executor, administrator, trustee or person, after having been requested so to do, the tax commissioner shall certify such taxes at the highest rate at which they could in any event be computed. (Acts 1909, p. 798.)

§ 743. Application of Provisions of This Act to Unpaid Taxes.

Sec. 30. The provisions of sections two (section four herein) and four (section seven herein) of this act shall apply to all cases in which the tax remains unpaid at the date of the passage hereof. (Acts 1909, p. 798.)

§ 744. Application of Act to Administrators Appointed Prior to Passage. Sec. 31. The provisions of section five (section thirteen herein) of this act shall not apply to executors, administrators or trustees appointed prior to the passage hereof, but such executors, administrators or trustees shall remain subject to the provisions of said section thirteen prior to its amend ment. (Acts 1909, p. 798.)

§ 745. Proceedings to Determine Taxes on Real Estate.

Sec. 32. Upon the petition of the treasurer and receiver general the probate court shall, after such notice to the owners of any real estate or separate parcel thereof as said court shall order, determine the amount of taxes imposed by chapter four hundred and twenty-five of the acts of the year eighteen hundred and ninety-one and acts in amendment thereof and in addition thereto, and by chapter fifteen of the Revised Laws and acts in amendment thereof and in addition thereto, and by chapter five hundred and sixty-three of the acts of the year nineteen hundred and seven and acts in amendment thereof and in addition thereto, which have become

« PreviousContinue »