IN RE COLEMAN'S ESTATE

No. 9381.

317 P.2d 880 (1957)

Matter of the ESTATE of Frank D. COLEMAN, Deceased. STATE of Montana, Appellant, v. The MIDLAND NATIONAL BANK OF BILLINGS, Montana, as Executor of the Last Will and Testament of Frank D. Coleman, Deceased, Respondent.

Supreme Court of Montana.

Rehearing Denied December 2, 1957.


Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Forrest H. Anderson, Atty. Gen., Vera Jean Heckathorn, Asst. Atty. Gen., H. O. Vralsted, Sp. Asst. Atty. Gen., Lyman J. Hall, Tax Counsel, Board of Equal., Missoula, for appellant.

H. O. Vralsted, Sp. Asst. Atty. Gen., argued orally for appellant.

Coleman, Jameson & Lamey, Billings, for respondent.

H. J. Coleman, Billings, argued orally for respondent.


CASTLES, Justice.

This is an appeal by the State of Montana, through the State Board of Equalization, from the orders of the district court of the thirteenth judicial district determining the inheritance tax payable on account of the death of Frank D. Coleman.

Coleman died on February 10, 1952. At that time he was the owner of life insurance policies on his life, proceeds of which aggregated $50,462.65, and an annuity policy, proceeds of which amounted to...

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