B. D. Thompson v. Robert S. Calvert

This is an appeal by B. D. Thompson, executor of the estate of his deceased wife, Elizabeth J. Thompson, from a judgment rendered in the County Court at Law of Travis County, Texas, denying the appellant any recovery for an assessment of inheritance taxes claimed to be erroneous and excessive. The action was brought under the provisions of Article 7057b of Vernons Civil Statutes of Texas, and the parties filed a Stipulation of Facts which appears in the transcript. The appellant claimed the determination of the tax to be illegal and excessive in the amount of $302.77 by reason of the inclusion in the Estate of Elizabeth J. Thompson, deceased, of one half of the cash surrender values, aggregating $15,138.33, of three insurance policies on the life of B. D. Thompson, surviving husband. The deceased, Elizabeth J. Thompson, was the beneficiary in each policy and each policy provided that on her death, the two children of the marriage became the beneficiaries. The premiums were paid out of community funds and B. D. Thompson had the right at all times to change the beneficiary in each policy.