Estate of Kingman

26 Cal.App.3d 220 (1972) 103 Cal. Rptr. 208 Estate of RUTH R. KINGMAN, Deceased.

HOUSTON I. FLOURNOY, as State Controller, Petitioner and Appellant,

v.

SUSAN FELAT, as Executrix, etc., et al., Objectors and Respondents.

Docket No. 39264. Court of Appeals of California, Second District, Division Four.

June 20, 1972. [221] COUNSEL

Myron Siedorf, Walter H. Miller and Robert J. Hansen for Petitioner and Appellant.

Hastings, Blanchard & Hastings and Robert G. Blanchard for Objectors and Respondents.

OPINION

JEFFERSON, J.

Houston I. Flournoy, State Controller, appeals from an order of the trial court sustaining the objections of Susan Felat, executrix, and Security Pacific National Bank, trustee, in respect to the determination of inheritance tax due in regard to the estate of Ruth R. Kingman, deceased.

Ruth R. Kingman (hereinafter referred to as the decedent) died testate [222] on or about May 6, 1970, a resident of Los Angeles County. Her small probate estate passed to Susan Felat and the tax applicable thereto is not at issue herein. However, the decedent was also the life beneficiary of a testamentary trust established by the will of her predeceased husband, Walter R. Kingman, who died on November 25, 1954, then also a resident of Los Angeles County. Security Pacific National Bank was at that time established as and continues to be trustee of the testamentary trust pursuant to Walter R. Kingman's will.

(1) Walter R. Kingman bequeathed all the community property remaining at his death, both his own share and that of his wife (decedent herein) in trust to Security Pacific National Bank subject to the exercise of his wife's election to take her separate share outright or to take a life estate in the entire community subject to the trust under his will. Decedent elected to take under his will, thereby placing her share of the community property in trust; accordingly, distribution of the entire estate was made to the trustee bank.