Pratte, J (per curiam) (judgment delivered from the Bench):—We are all of the view that the appeal should succeed.
In our opinion, section 30 of the Estate Tax Act on which the Trial Division relied has no application in this case because it cannot be said that the Miller children disposed of the insurance contract that their father had given them.
It is also our view that the term insurance policy that the Miller children had acquired from their father was no longer in existence at the time of his death. The whole life insurance policy that was then in force cannot, in our opinion, be considered as the continuation of the term policy.
The appeal will, therefore, be allowed with costs both in this Court and in the Trial Division.