Cory

Glenn Hoiby appeals from an order overruling his objections to the report of the inheritance tax referee and assessing an inheritance tax of $13,782 against him and each of two other remainder beneficiaries of an inter vivos trust.

*235 On July 15, 1982, Glenn Hoiby filed a verified petition for determination of inheritance tax arising by reason of the death of Ansel Hoiby. The petition alleged: On November 9, 1977, Ansel Hoiby and his wife, Cora Hoiby, executed a revocable trust agreement. The trust estate of $1,411,127.88 is composed entirely of community property of the trustors. The trust agreement provides that upon the death of either trustor, survived by the other trustor, the trust estate shall be divided into two shares, designated “Trust A” and “Trust B.” Trust A consists of the surviving trustor’s one-half community property interest; Trust B consists of the balance of the trust estate. Regarding the distribution of income and principal of Trust B the agreement provides that the entire net income is to be paid to the surviving trustor during his or her lifetime; the surviving trustor has the right to receive such amounts from the principal as he or she may…