5. When property is transferred in trust or otherwise, and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged, a tax shall be imposed upon such transfer at the highest rate which, on the happening of any of the said contingencies or conditions would be possible under the provisions of this act, and such tax so imposed shall be due and payable forthwith out of the property transferred: Provided, however, That on the happening of any contingency whereby the said property or any part thereof is transferred to a person or corporation exempt from taxation under the provisions of this act or to a person taxable at a less rate than the rate imposed and paid such person or corpora tion shall be entitled to a return of so much of the tax imposed and paid as is the difference between the amount paid and the amount which said person or corporation should pay under the provisions of this act with legal interest from the time of payment. Such return of overpayment shall be made in the manner provided by section 8 of this act.

6. Estates in expectancy which are contingent or defeasible and in which proceedings for the determination of the tax have not been taken or where the taxation thereof has been held in abeyance shall be appraised at their full, undiminished, clear market value when the person entitled thereto shall come into the beneficial enjoyment or possession thereof without diminution for or on account of any valua tion theretofore made of the particular estates for purposes of taxation upon which said estates in expectancy may have been limited. Where an estate for life or for years can be divested by the act of omission of the legatee or devisee, it shall be taxed as if there were no possibility of such divesting.

This section amends section 10143m Supplement of 1918, being section 3, Acts 1917, p. 367, which amended section 10143m Revision of 1914. See section 10275.

10143n. Notice by appraiser, appraisement.-14. Every such ap praiser shall forthwith give notice by mail to all persons known to have a claim or interest in the property to be appraised, including the auditor of state and county treasurer, and to such persons as the court may by order direct, of the time and place when he will appraise such property. He shall, at such time and place, appraise the same at its true market value, as herein prescribed, and for that purpose the said appraiser is authorized to issue subpoenas and to compel the attendance of witnesses before him and to take the evidence of such wit nesses under oath, concerning such property and the value thereof; and he shall make report thereof and of such value in writing to the court, together with the depositions of the witnesses examined, and

such other facts in relation to the matter as the court may order and require. Except in counties having an inheritance tax appraiser receiving an annual salary provided for by law, the court shall determine the appraiser's fee and certify the amount in the order fixing the amount of tax in any estate together with his actual and necessary traveling expenses and the fees paid such witnesses, which fees shall be the same as those now paid to witnesses subpoenaed to attend in court of record. The fees and expenses so allowed shall be paid by the county treasurer out of any funds he may have in his hands on account of any tax imposed under the provisions of this act: Provided, That in estates in which there is no transfer subject to any tax, the appraisement cost shall not be at the expense of the state.

This section amends section 10143n Supplement of 1918, being section 4. Acts 1917, p. 367, which amended section 10143n Revision of 1914.

[Acts 1917, p. 367. In force May 31, 1917.]

10143u. Duplicate receipts, fee.-21. Any person shall be entitled to a receipt from the county treasurer of any county, or the auditor of state, or at his option to a copy of a receipt that may have been given by such treasurer or auditor of state for the payment of any tax under this act, under the official seal of such treasurer or order of state, which receipt shall designate upon what real property, if any, of which any decedent may have died seized, such tax shall have been paid, by whom, and whether in full of such tax. Such receipt may be recorded in the office of the recorder of the county in which such property is situate in a book to be kept by him for that purpose, which shall be labeled "transfer tax."

This section amends section 10143u Revision of 1914.

[Acts 1921, p. 854. In force May 31, 1921.]

10143z. Definition of terms.-26. 1. The words "estate" and "property", as used in this act, shall be taken to mean the property or interest therein passing or transferred to individual or corporate legatees, devisees, heirs, next of kin, grantees, donees, or vendees, and not as the property or interest therein of the decedent, grantor, donor or vendor, and shall include all property or interest therein, whether situated within or without this state.

2. The words "tangible property", as used in this act, shall be taken to mean corporeal property such as real estate and goods, wares and merchandise, and shall not be taken to mean money, deposits in bank, shares of stock, bonds, notes, credits, or evidences of an interest in property or evidences of debt.

3. The words "intangible property", as used in this act, shall be taken to mean incorporeal property, including money, deposits, shares

!

of stock, bonds, notes, credits, evidences of an interest in property and evidences of debt.

4. The word "transfer", as used in this act, shall be taken to include the passing of property or any interest therein in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale or gift, in the manner herein described, or the exercise of the right of survivorship in cases of joint ownership. 5. The words "the intestate laws of this state", as used in this act, shall be taken to refer to all transfers of property, or any beneficial interest therein, effected [affected] by the statute of descent and distribution and the transfer of any property or any beneficial interest therein, effected [affected] by operation of law upon the death of a person omitting to make a valid disposition thereof.

6. The words "intangible property within the jurisdiction of this state," as used in this act, shall be taken to include shares of stock of corporations of this state, and of national banking institutions located in this state.

This section amends section 10143z Revision of 1914.

[Acts 1917, p. 367. In force May 31, 1917.]

10143a1. Taxes for state use.-27. All taxes levied and collected under this act, less expenses herein specificially authorized, shall be paid into the treasury of the state for the use of the state, and shall be applicable to the expenses of the state government, and to such other purposes as the legislature may by law direct; Provided, That the sum of five ($5.00) dollars may be allowed to prosecuting attor neys in each case wherein they are required to appear on behalf of the state under the provisions of section 16 of this act, said fees to be taxed as a part of the costs in the case and to be paid by the person or corporation from whom the tax is due.

This section amends section 10143a1 Revision of 1914.

[Acts 1919, p. 823. In force March 15, 1919.]

10143c1. Exemption of soldiers' and sailors' estates.-1. The taxes provided for by the inheritance tax law, approved February 28, 1913, and in all acts supplementary thereto, shall not apply to the transfer of the estate of any decedent leaving an estate of less than twenty-five thousand dollars ($25,000) dying or who has died while serving in the military or naval forces of the United States during the continuance of the war in which the United States is now, or has been engaged or if death results from injuries received or disease contracted in such service, within one (1) year after the termination of such war; but that such tax shall be remitted by the state. For the pur

pose of this law the termination of the war shall be evidenced by the proclamation of the President of the United States.

See section 10139f, exemptions. Also see sections 10143a to 10143b1, Acts 1913, p. 79.

Section 2 of this act provides that the act shall be in force and effect from and after its passage.

[Acts 1921, p. 854. In force May 31, 1921.]

10143d1. Repeal.-11. All acts and parts of acts in conflict herewith are hereby repealed: Provided, however, That this act shall not operate to release or waive or otherwise alter any tax or taxes which may have accrued under the provisions of any prior acts.

10144. Public, educational and religious property.

Assessments made upon property to pay for public improvements is not a tax within the meaning of the statute which exempts certain property from assessment for taxation. School Town v. Somerville, 181 Ind. 463, 104 N. E. 859. Lots and lands belonging to a cemetery association, and the income derived from the proceeds of such lots and lands, are exempt from taxation when the same are used exclusively for cemetery purposes. Greenbush Cemetery Assn. v. Van Natta, 49 App. 192, 94 N. E. 899.

See note to section 4447.

This section and section 10145, exempting from taxation, are to be strictly construed. United Brethren Publishing Establishment v. Shaffer, App. 123 N. E. 697.

A church publishing establishment which applies all its net proceeds from publishing church and Sunday school papers to the aid of traveling and wornout preachers is not a charitable institution within the meaning of this section and section 10145. United Brethren Publishing Establishment v. Shaffer, App. 123 N. E. 697.

10145. Exception.

See note to section 10144.

[Acts 1919, p. 586. In force May 15, 1919.]

10145a. Soldiers' and sailors' tax exemption.-1. Any soldier or sailor who served three (3) months or more in the armies or navies of the United States during the Civil or Mexican Wars, as evidenced by a pension certificate, and who shall have reached the age of seventy (70) years or more; or the widow of any such soldier or sailor, as evidenced by a pension certificate, who shall have reached the age of sixty (60) years or more, may have the amount of one thousand dol

lars ($1,000) deducted from the assessed valuation of his or her taxable property upon the first day of April of each year, wherein the amount of taxables as shown by the duplicate does not exceed $5,000, and the balance remaining after such deduction shall have been made, shall constitute the basis for the assessment and taxation of the property of the soldier, sailor or widow herein mentioned.

10145b. Statement filed with auditor.-2. Any person desiring to avail himself or herself of the provisions of this act shall, between the first day of March and the first day of May inclusive of each year, file with the auditor of the county, wherein he or she is a resident, a sworn statement of his or her age and place of residence, and as further evidence of identification, submit for the auditor's inspection his or her pension certificate.

10150. Lands of Greek letter fraternity.

This section does not contravene Const. art. 10, section 1, as to taxation of all property except when used for educational, literary, etc., purposes. State ex rel. Daggy v. Allen, Ind., 127 N. E. 145.

Property of a Greek letter fraternity is exempt from taxation under this section although some of the members board and sleep therein. State ex rel. Daggy v. Allen, Ind. -, 127 N. E. 145.

This section exempting fraternity property from taxation is not in violation of Const. art. 1, section 23, as discriminatory against sororities. State ex rel. Daggy v. Allen, Ind. 127 N. E. 145.

If a landowner sells and conveys all the minerals in lands, the value of such minerals should be assessed against the purchaser for taxation, and such value should be deducted from the land that is assessed for taxation to such owner. Riggs v. Board of Comrs., 181 Ind. 172, 103 N. E. 1075.

[Acts 1921, p. 373. In force May 31, 1921.]

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10188a. Transfer of real estate for taxation.-1. Any person whom the title of real estate has passed either under the laws of descent of this state, or by virtue of the last will of the owner thereof, may procure a transfer of said real estate upon the tax duplicate upon which such real estate is assessed and taxed, by proceeding in the manner provided by this act. Such person shall prepare and swear to an affidavit showing therein, the date of the death of such owner, and if he died intestate such fact shall be stated therein; if he died testate a certified copy of such will shall be attached to such affidavit, unless such will is probated or recorded in such county, in which event such affidavit shall so state, with the volume and page of the record where