Estate John Fiske Raynolds. Commissioner

Appeal from an order of the probate court of Hennepin county determining inheritance tax. Respondent petitioned the court for an exemption of certain inventoried assets of the estate as prior taxed property under Minn. St. 1941, § 291.06 (Mason St. 1940 Supp. § 2293). The court allowed the exemption, whereupon appellant filed objections to the order of assessment and sought a redetermination thereof. The court overruled the objections, redetermined the tax, and allowed the exemption in accordance with the previous order. The facts were stipulated and may be thus summarized: John Fiske Raynolds died November 3, 1941, leaving an estate in personal property inventoried at $92,235.48. Valeria B. Raynolds, surviving spouse, is the sole legatee. Raynolds' mother, Virginia Adelia Raynolds, died on February 1, 1939. There was transferred to him from the estate of his mother personal property in the form of cash and securities of the appraised value of $87,639.60. In the mother's estate, an inheritance tax was paid upon the assets here involved of inventoried value of $39,866.88. The stipulation provides that these assets are traceable to the estate of the mother. ""Traceable"" is defined in the stipulation as follows: