IRWIN, Judge.
INTRODUCTION
Decedent, Edwin LeRoy Quinn, died testate on July 24, 1990. Quinn's first wife, Marjorie Lucille, predeceased him. They had no biological children. Quinn executed a will leaving the residue of his estate to appellee, Samuel McPeek. McPeek requested a refund of the tax assessed on his inheritance, according to Neb.Rev.Stat. § 77-2006 (Reissue
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