Estate of Jeffers

Coexecutors of the will of Helen Jeffers appeal from an order fixing inheritance tax.

The facts are undisputed: On April 13, 1979, the decedent, Helen Jeffers, shot and killed her husband, Rolland Jeffers, and then shot and killed herself. On the date in question, Helen Jeffers was the owner of policies of insurance on the life of her husband, which insurance had a value of $134,490.60. Prior to the shooting, Helen Jeffers had designated herself as beneficiary of the proceeds of the insurance policies if she survived her husband by 30 days. In a will which she had executed on October 5, 1978, Helen had designated a trust for her children as the alternative beneficiary of the insurance proceeds. The cotrustees of this trust, who are also the coexecutors of Helen Jeffers’ will, are John Jeffers and the Independent Bankers Trust Company.

The state inheritance tax referee filed a report which included the proceeds of the insurance on the life of Rolland Jeffers as a part of Helen Jeffers’ estate. John Jeffers and the Independent Bankers Trust Company (hereafter objectors) filed an objection to the report, claiming that the life insurance proceeds should have been excluded…