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ESTATE OF OFF

Docket No. 21873.

146 Cal.App.2d 516 (1956)

304 P.2d 126

Estate of EDITH E. OFF, Deceased. ROBERT C. KIRKWOOD, as State Controller, Appellant, v. ELMER P. BROMLEY, Respondent.

Court of Appeals of California, Second District, Division Two.

December 3, 1956.

Attorney(s) appearing for the Case

James W. Hickey, Chief Inheritance Tax Attorney, Walter H. Miller, Chief Assistant Inheritance Tax Attorney, and William A. Parsons, Assistant Inheritance Tax Attorney, for Appellant.

H.E. Lindersmith for Respondent.

MOORE, P.J.

The State Controller appeals from the order allowing an inheritance tax refund.

Decedent Edith E. Off bequeathed two-thirds of the residue of her estate to the Shriners Crippled Children's Hospital, a charity exempt from taxation. The amount of the gift exceeded the maximum allowed by Probate Code, section 41, which provides, in general, that under certain circumstances a testator may not leave in excess of one-third of his estate to charity to...

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