Estate of MYRTLE P. COLBY, Deceased.
HARVEY T. COLBY, Plaintiff and Appellant,
v.
HOUSTON I. FLOURNOY, as State Controller, Defendant and Respondent.
Court of Appeals of California, Second District, Division One.https://leagle.com/images/logo.png
November 21, 1968.
November 21, 1968.
Attorney(s) appearing for the Case
McCabe & Houts and Sheldon C. Houts for Plaintiff and Appellant.
Gregory A. Harrison, Theodore R. Meyer and George T. Cronin as Amici Curiae on behalf of Plaintiff and Appellant.
Joseph D. Lear, Walter H. Miller and Phyllis Kelly Fairbanks for Defendant and Respondent.
Court of Appeals of California, Second District, Division One.
LILLIE, J.
[1] On appeal from order overruling the objections of Harvey T. Colby, decedent's executor, to the inheritance tax appraiser's report, the following is the sole issue: For inheritance tax purposes, is the wife of a mutually acknowledged child who, additionally, was adopted when over 21 years of age, the "wife ... of a son ... of the decedent" and therefore a class B transferee within the meaning of section 13308, subdivision (b) of the Revenue...
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