McKinstry v. State

Blake, J.

(dissenting) — I think the judgment should be affirmed in toto. Under the facts set out in the opinion, there was no reasonable basis for appellant’s claim that the gift was not made in contemplation of death. Resistance to payment of the tax was not, in my opinion, “necessary litigation” under the rule of In re Duncan’s Estate, 119 Wash. 426, 206 Pac. 1.