ESTATE OF BRUBAKER

Docket No. 37681.

21 Cal.App.3d 768 (1971)

98 Cal. Rptr. 762

Estate of GEORGE G. BRUBAKER, Deceased. HOUSTON I. FLOURNOY, as State Controller, Petitioner and Appellant, v. BANK OF AMERICA, as Executor, etc., Objector and Respondent.

Court of Appeals of California, Second District, Division Two.

December 2, 1971.


Attorney(s) appearing for the Case

COUNSEL

Myron Siedorf, Walter H. Miller and Phyllis Kelly Fairbanks for Petitioner and Appellant.

Newlin, Tackabury & Johnston and Stuart W. Lapp for Objector and Respondent.


OPINION

FLEMING, J.

The State Controller appeals an order of the probate court fixing inheritance tax in the estate of George G. Brubaker.

George died on 18 April 1967. His estate consisted entirely of community property. In his will George put his wife, Ruth, to a widow's election: he declared his intention to dispose by will of all community property, including Ruth's share. If Ruth should elect to take the community property...

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