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REVENUE AND TAXES. 2621
An. Code, sec. 134. 1904, sec. 131. 1894, ch. 493, sec. 115 1/2.
138. Whenever an interest in any estate, real, personal or mixed, less
than an absolute interest, shall be devised or bequeathed to or for the use
and benefit of any person or object, not exempted from the tax under sec-
tion 124, then only such interest so devised or bequeathed shall be liable
for said tax; and it shall be the duty of the orphans' court of the county
or city in which administration is granted, or any other court assuming
jurisdiction over such administration, to determine as soon after adminis-
tration is granted as possible, on application of such person or object,
the value of such interest liable for said tax, by deducting from the whole
value of the estate so much thereof as shall be the value of the interest
therein of any person who, under said section 124, is exempt from said tax,
and the residue thereof shall be the value of said interest upon which said
tax is payable; and said tax so ascertained shall be paid by such person
or object within ninety days from such ascertainment, with interest thereon
at six per cent, per annum, after the expiration of twelve (12) months
from the date of the death of the decedent, under whose will or by whose
intestacy said interest is acquired, if said tax has not sooner been paid,
or within ninety days from the time that it shall be ascertained that
such person or object shall be entitled to any such interest in any estate;
but such tax shall bear interest at the rate of 6 per cent, per annum
from the expiration of twelve (12) months from said death; but if such
person or object shall fail to pay said tax, as above provided, then such
person or object shall at the time when he, she or it comes into possession
of such estate, pay a tax as provided for in said section 124, on the whole
value thereof.
An. Code, sec. 135. 1904, sec. 132. 1888, sec. 116. 1847, ch. 222, sec. 6. 1874, ch. 483, sec. 127.
1904, ch. 222.
139. If any of the parties mentioned in sections 136 and 137 shall
refuse or neglect to pay the several proportions so decreed by the orphans'
court within thirty days from the time of such decree; the court shall order
and direct the executor or administrator to sell all the right, title and inter-
est of such party in and to said estate or property, or so much thereof as
the court may deem necessary, to pay his proportion of said tax and all
expenses of sale; provided, however, that nothing in this section contained
shall be construed to confer authority on the orphans' court to order the
sale for the satisfaction of collateral inheritance tax of any life interest
after the expiration of four years from the date of the death of the dece-
dent, who shall have died seized and possessed of the property, or of any
remainder or revisionary 1 interest after the expiration of four years from
the date at which such interest shall vest in possession.
See notes to secs. 124 and 128.
An. Code, sec. 136. 1904, sec. 133. 1888, sec. 117. 1847, ch. 222, sec. 7.
1874, ch. 483, sec. 128.
140. The bond of an executor or administrator shall be liable for all
money he may receive under this article for taxes, or for the proceeds of
the sales of real estate received by him thereunder.
1 Evidently a typographical error in the act.
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