Estate of Moore

Good Law
105 Cal. Rptr. 568·29 Cal. App. 3d 481
Court of Appeal of CaliforniaDecember 19, 197211184California7,865 words

Opinion

Opinion

Morrison, Foerster, Holloway, Clinton & Clark, Girvan Peck, Richard S. Kinyon and Prentiss Willson, Jr., for Objector and Appellant.

No appearance for Objector and Respondent.

OPINION

WHELAN, Acting P.J.

The Controller of the State of California (Controller) appeals from a judgment sustaining objections to the imposition of inheritance tax upon the assets of a trust created by Claus Spreckels (the Spreckels trust).

In a cross-appeal the executor of the estate of Ellis M. Moore appeals from that portion of the same judgment overruling objections to the imposition of inheritance tax upon the full value of the assets of a trust created by Ellis M. Moore (the Moore trust).

Claus Spreckels and Ellis M. Moore were husband and wife until the death of the husband in 1935.

Claus Spreckels created an irrevocable inter vivos trust on May 4, 1928. The trust was to terminate upon the death of the last survivor of the four children of Claus Spreckels and his wife, Ellis, living when the trust was created.

Ellis M. Spreckels was the beneficiary of one-quarter of the income, and she was given a power to appoint by will one-quarter of the principal.

The Spreckels trust provided…

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