In Re the Denial by the Secretary of Revenue of Claim for Refund of North Carolina Inheritance Taxes by the Estate of Kapoor

CARLTON, Justice.

I

Shankar N. Kapoor, a practicing orthopaedic surgeon, died testate on 23 December 1973 survived by his second wife, Nancy N. Kapoor, his former wife, Ruth Kapoor, and two minor children by his first marriage. Prior to obtaining a divorce, decedent and Ruth Kapoor executed a separation agreement, by the terms of which decedent obligated himself to “maintain in full force and effect ... a life insurance trust in the amount of at least $150,000” for the benefit of Ruth Kapoor and the children. Decedent established the trust as required and at the time of his death all premiums…