REVENUE AND TAXES 3079

parties interested in estate. Where constitutionality of collateral inheritance tax laws
is raised, an appeal lies. This section held to have been complied with. Tyson v.
State, 28 Md. 585.
See notes to sec. 110.

An. Code, 1924, sec. 138. 1912, sec. 134. 1904, sec. 131. 1894, ch. 493, sec. 115 1/2.
1929, ch. 226, sec. 119. 1935, ch. 90, sec. 119. 1936 (Sp. Sess.), ch. 124, sec. 119.

125. Whenever a life-estate, or interest for a term of years, or other
interest less than an absolute interest, shall be valued by the Orphans'
Court, or other Court having jurisdiction, as provided in the preceding
section, the person entitled to the property after the termination of such
estate, by way of contingent interest, remainder or reversion, may apply
to the Orphans' Court, or other Court having jurisdiction, for the valua-
tion of such contingent interest, remainder or reversion. In making such
valuation, the Court shall determine the value of the whole corpus and
deduct therefrom the value of the preceding estate or estates, to the end
that the tax collected shall equal that which would have been payable, if
an absolute interest in such property had passed. The tax so ascertained
shall be paid within thirty days from its ascertainment. But if said person
entitled to the property after the termination of the preceding estate shall
fail to apply to the Orphans' Court within a reasonable time after the
valuation of the preceding estate, or to pay the tax so assessed after appli-
cation within thirty days from the date of such determination, then such
person shall at the time when the same vests in possession at the termina-
tion of the preceding estate, pay a tax on the whole value thereof, without
deduction of the tax or taxes previously paid. Upon the termination of
said preceding estate, the Orphans' Court, or other Court having jurisdic-'
tion, shall value the property as of the date when the same vests in posses-
sion, and assess the tax thereon. The tax so ascertained shall be and remain
a lien upon said property for a period of four years from the date when
the same vests in possession. Any order or determination under this sec-
tion shall be subject to the same right of appeal as provided in the last
preceding section.

1937, ch. 546.

126. Whenever it appears upon any accounting, or in any appropriate
action or proceeding, that an executor, administrator, trustee or other
person acting in a fiduciary capacity, is liable for the payment of tax under
the provisions of the United States Revenue Act of 1926, or any amend-
ments thereto, or under any death tax law of the United States hereafter
enacted, upon or with respect to any property required to be included in
the gross estate of a decedent under the provisions of any such law, the
amount of the tax, except in a case where a testator otherwise directs in
his will, shall be equitably pro-rated as between the individual estate of the
decedent and the trust estates created, or transfers made, by the decedent
in his life time so included in said gross estate, and the fiduciary paying
the tax shall be entitled to recover from the fiduciaries in possession of
said trust estates and from the transferees, the proportionate amount of
such tax with which such funds are chargeable under the provisions of
this section.

The provisions of this section shall apply to estates of persons dying
subsequent to June 1, 1937.