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IN RE BRIEBACH'S ESTATE

No. 9382.

318 P.2d 223 (1957)

In the Matter of the ESTATE of George A. BRIEBACH, Deceased. The STATE of Montana, Appellant, v. Fred L. KISTNER, as Administrator with the Will Annexed of the Estate of George A. Briebach, deceased, Respondent.

Supreme Court of Montana.

Decided September 30, 1957.

Rehearing Denied December 10, 1957.

Attorney(s) appearing for the Case

Arnold H. Olsen, former Atty. Gen., Forrest H. Anderson, and William F. Crowley, Asst. Atty. Gen.,Lyman J. Hall, Deputy Asst. Atty. Gen. & Tax Counsel Bd. of Equalization. H.O. Vralsted, Special Asst. Atty. Gen., argued orally for appellant.

Vard Smith, Gibson Berg & Pfohl, Livingston, Ben E. Berg, Jr., Livingston, argued orally for respondent.

ANGSTMAN, Justice.

This is an appeal by the state from an order fixing an inheritance tax.

Decedent, George A. Briebach, had been a resident of Park County, Montana, but had moved to the State of California, where he resided at the time of his death on November 9, 1951. During his lifetime he entered into two written agreements. In one agreement he contracted to sell one tract of land situated in Montana for $31,500 payable in installments. At the time of...

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