DUNN, J.
This appeal, taken pursuant to Probate Code, section 1240, is from an order fixing inheritance tax in the estate. A recital of pertinent facts follows.
On March 18, 1955, Melle C. Cooper and his wife, Bessie F. Cooper, executed a "Joint and Mutual Will." The material terms thereof provided:
"FOURTH: We give unto the survivor of us all and any real and personal property either owned by us jointly or severally for his or her own use and benefit...
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