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IN RE BISHIR'S ESTATE

No. 9437.

318 P.2d 576 (1957)

Matter of the ESTATE of Grant BISHIR, Deceased. The STATE of Montana, Appellant, v. Norman C. ROBB, Administrator, C.T A. of the Estate of Grant Bishir, Deceased, Respondent.

Supreme Court of Montana.

Decided September 18, 1957.

Rehearing Denied December 18, 1957.

Attorney(s) appearing for the Case

Forrest H. Anderson, Asst. Atty. Gen., Arnold H. Olsen, former Atty. Gen., William F. Crowley, Asst. Atty. Gen. H. O. Varlsted, Sp. Asst. Gen., Lyman J. Hall, Tax Counsel, Board of Equal, Helena, for appellant.

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

Fitzgerald, Ammerman & Bodine, and Gibson & Berg, Livingston, for respondent.

David B. Fitzgerald and Ben E. Berg, Livingston, argued orally for respondent.

ANGSTMAN, Justice.

This is an appeal by the state from an order of the District Court of Park County determining the inheritance tax in the estate of Grant Bishir, deceased.

The decedent left a will, the material parts of which so far as this case is concerned, were the following:

"Fourth: I give, devise and bequeath unto my wife, Minnie L. Bishir, all of the rest, residue and remainder of the property of...

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