WILLIAM DONALD SCHAEFER, Governor                      Ch. 551

his relationship to the original decedent and based upon the
value of the property or interest therein at the time when the
same vests in possession; provided, however, that the tax or
taxes previously paid with respect to such property shall be
credited to such new tax and only the balance shall be assessed.

(c)  If no application for the payment of a tax at the rate
of either 1% or 7 1/2%, or a proper combination of the two, as
hereinbefore provided, shall have been made to the orphans' court
OR OTHER COURT HAVING JURISDICTION, AS PROVIDED UNDER § 160,
within a reasonable time after the valuation of the preceding or
concurrent interest, or if the tax so assessed after application
shall not have been prepaid within thirty days from the date of
such determination, then the person who shall ultimately receive
a concurrent or subsequent interest in such property shall, at
the time when the same vests in possession, pay a tax based upon
the whole value thereof as of the date of such vesting, without
deduction of the tax or taxes previously paid, and the orphans'
court, or other court having jurisdiction, AS PROVIDED UNDER §
160, shall so value the interest and assess the tax based upon
such value. The tax so ascertained shall be and remain a lien
upon the property subject to such interest for a period of four
years from the date when the same vests in possession. Any order
or determination under this section shall be subject to the same
right of appeal as provided in § 160.

(d)  In the event of full payment under the provisions of
this section, a subsequent invasion of corpus by or on behalf of
any person under the provisions of the instrument creating such
interests shall not be subject to any inheritance tax thereon
except to the extent that the rate of tax attributable to such
person exceeds the rate theretofore paid hereunder, if any.

(e)  A person having no interest under such instrument other
than the mere possibility of having a power of appointment
exercised in his favor shall not be considered a person by whom,
or on whose behalf, an application could be made under subsection
(a) hereof, but he shall nevertheless be entitled to the benefits
available under subsection (b) hereof.

(f)  Whenever application is made hereunder on behalf of
persons one or more of whom are subject to taxation under the
provisions of § 149 and another or others of whom are subject to
taxation under the provisions of § 150, then the tax payable
shall be fixed at the higher rate, and the orphans' court OR
OTHER COURT HAVING JURISDICTION, AS PROVIDED UNDER § 160, on
application of any party in interest, may apportion the tax among
the applicants who shall thereafter respectively be responsible
hereunder only for the amount so apportioned.

163.

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