Estate of Webb
Opinion
Opinion
Mazzera, Snyder & DeMartini and Robert A. Haughwout for Objector and Respondent.
BROWN (R. M.), J.
This is an appeal by the state and the state Controller from an order determining and fixing the inheritance tax payable by Velma Nelson, the transferee of inter vivos gifts made to her by the decedent, Eddie Webb, who died testate on February 2, 1962.
On January 17, 1962, the decedent gave to respondent by oral assignment and delivery of the passbook an account on deposit in the Bank of America National Trust and Savings Association, Sonora, California, in the sum of $19,447.20. This is the gift which gave rise to the problem presented on appeal.
On January 25, 1962, he gave to her by oral assignment and delivery of the passbook an account on deposit in the Mother Lode Bank of Sonora, California, in the sum of $6,969.62. This gift presents no problem on appeal and is relevant only because it contributes to the totality of the value of the transfers for inheritance tax purposes.
It is conceded that both gifts were made in contemplation of death and are subject to tax under the inheritance tax law of this state. The controversy is solely as to the amount of the tax.