Ch. 551

LAWS OF MARYLAND

Treasury Department, Internal Revenue Service, as such
regulations may be amended from time to time; provided, however,
that if such interest is valued, as provided in accordance with
said regulations, in any account filed in the orphans' court of
the county [or city] in which administration is granted, or any
[other] court [having jurisdiction over the administration or
distribution of such property] EXERCISING THE JURISDICTION OF THE
ORPHANS' COURT, no separate petition and order therefor shall be
needed, and the approval of such account shall be deemed a
determination of the value of such interest by such court, for
the purpose of ascertaining the tax thereon; and, provided
further, however, that when such interest depends upon or is
measured by the duration of the life of a person whose life
expectancy is shown to be less 'than average for his or her age by
reason of poor health, said court may adjust such value
accordingly. The tax so ascertained shall be paid within thirty
days from the date of such determination and shall be and remain
a lien upon, such interest for a period of four years after the
date of death of the decedent, in the case of real estate, or
from the date of distribution, in the case of personalty. From
any order or determination of the orphans' court; or any [other]
court [having jurisdiction] EXERCISING THE JURISDICTION OF THE
ORPHANS' COURT, an appeal shall lie to the Court of Special
Appeals by the register of wills on behalf of the State, or by
any person in interest, to the same extent and in the same time
and manner as from other orders of the orphans' court.

161.

(a)  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 § 160, application may be made by, or on behalf
of, any person or persons or class or classes of persons, whether
or not then in being, who may have in such property an interest
which has vested or may vest in possession during the continuance
of the period of the interest so valued under § 160, or which may
(under the terms of the instrument creating the interests) vest
in possession at some time after the termination of such valued
interest, to the orphans' court, or other court having
jurisdiction, AS PROVIDED UNDER § 160, for the valuation of such
concurrent or subsequent interest. In making such valuation, the
court shall determine the value of the whole corpus and deduct
therefrom the value of the preceding or concurrent estate or
estates, to the end that the tax collected shall equal but not
exceed that which would have been payable if any absolute
interest in such property had passed. The tax so ascertained
shall be paid within thirty days from its ascertainment.

(b)  In the event any interest shall ultimately vest in
possession in someone other than the person by or on whose behalf
application may have been made (and the tax paid thereon) under
subsection (a) hereof, such person shall pay a tax according to

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