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ESTATE OF NEWTON

Docket No. L.A. 20827.

35 Cal.2d 830 (1950)

221 P.2d 952

Estate of ARTHUR B. NEWTON, Deceased. THOMAS H. KUCHEL, as State Controller, etc., Appellant, v. BEVERLY M. NEWTON, Respondent.

Supreme Court of California. In Bank.

September 7, 1950.

Attorney(s) appearing for the Case

James W. Hickey, Chief Inheritance Tax Attorney, Morton L. Barker, Senior Inheritance Tax Attorney, and Vincent J. McMahon, Assistant Inheritance Tax Attorney, for Appellant.

Leon W. Delbridge, Brady & Nossaman and Walter L. Nossaman for Respondent.

McCutchen, Thomas, Matthew, Griffiths & Greene as Amici Curiae on behalf of Respondent.

SHENK, J.

The State Controller has appealed from an order sustaining objections to the report of the inheritance tax appraiser and fixing inheritance tax in the sum of $14.08, which was less by $31,105.19 than the amount fixed in the report.

The facts are not in dispute. A testamentary trust was created in the State of New York by Charles E. Newton, the decedent's father, who died a resident of that state on October...

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