Cory

Afton Kirby appeals from an order fixing inheritance tax, and from an order denying her objections to report of inheritance tax referee, 1 made in the matter of the estate of her deceased husband, Josh Kirby. Only the order fixing inheritance tax is appealable. (Prob. Code, § 1240; Estate of Johnston (1970) 12 Cal.App.3d 855, 858 [ 91 Cal.Rptr. 116 ].) Accordingly, the purported appeal from the order denying objections to report of inheritance tax referee is dismissed.

*290 The record shows: in 1965 Josh and Afton were married; in 1966 Josh was injured in an accident and filed a personal injury action; in December 1968 the action was tried and judgment for $460,000 was entered in favor of Josh; pending a possible appeal from the judgment, he settled his claim for $230,000, which sum was paid to him on January 17, 1969; Josh died in August 1970; his will (admitted to probate) bequeathed the residue of his estate to Afton, his surviving spouse; the report of an inheritance tax referee determined that the residue of the estate ($93,930.85) and an inter vivos gift ($57,350) to Afton from Josh were subject to an inheritance tax of $5,942.38 because the residue and the gift…