Flournoy

McGill University, a residuary beneficiary under the will of Georgiana Melvin, appeals from a probate court order fixing an inheritance tax upon its one-third share of her residuary estate. The sole issue is whether the gift to the university, a foreign educational institution, is exempt from California inheritance tax under subsection (1) of subdivision (c) of Revenue and Taxation Code section 13842. 1 We hold the gift exempt; we reverse the order fixing tax.

*50 The facts, and the effect of the relevant foreign statutes, are undisputed; the parties (McGill University and the.State Controller) stipulated to them, and to the issue presented, in the probate court. Because the parties stipulated to some of the foreign statutes in terms of their legal effect without quoting or specifically citing them, we quote pertinent portions of the stipulation in full, as follows:

*T. McGill University is one of the residuary beneficiaries of the Last Will and Testament of . . . [Georgiana Melvin, the testatrix] . . . and [is] entitled to one-third of such residue [sic]; . . .

“2. McGill University is an institution organized solely for educational purposes under the…