WILLS-PROBATE OF LOST WILL-MEANING OF LOST IN STATUTES OF LIMITATIONS

More than twenty years had elapsed between testatrix\u27 death and the date of filing of petition for probate of her will. Testatrix\u27 son, a sole beneficiary, had searched for the will without success and it could not be found by the register of probate on his initial search. However, the register eventually discovered the will in his inactive files. Two other brothers had seen the will in the probate office but had said nothing. Held, the will was \u27\u27lost within the meaning of a statute which provided that the twenty year statute of limitations should not run during the time a will was lost. In re Smith, (Maine 1949) 67 A. (2d) 529

TORTS-FALSE IMPRISONMENT-DETENTION OF INSANE PERSON

Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff\u27s husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a public place. Plaintiff appealed from a directed verdict for defendant. Held, reversed and remanded. The evidence was sufficient to go to the jury, since the evidence would support a finding that the defendant doctor caused the arrest and such arrest on advice of one physician is not authorized by the statute. Jillson v. Caprio, (D. C. Cir. 1950) 181 F. (2d) 523

TORTS-FALSE IMPRISONMENT-DETENTION OF INSANE PERSON

Plaintiff sued defendant doctor for false imprisonment arising out of her detention as an insane person. Defendant had examined plaintiff at the request of the plaintiff\u27s husband, called the police, and advised that she be detained as dangerous. Plaintiff was released ten days later but there was evidence to the effect that she was of unsound mind when originally detained. The arrest and detention of insane persons without a warrant is authorized by a District of Columbia statute on the affidavits of two responsible persons supported by certificates from two doctors or when such a person is found in a public place. Plaintiff appealed from a directed verdict for defendant. Held, reversed and remanded. The evidence was sufficient to go to the jury, since the evidence would support a finding that the defendant doctor caused the arrest and such arrest on advice of one physician is not authorized by the statute. Jillson v. Caprio, (D. C. Cir. 1950) 181 F. (2d) 523

AGENCY-TERMINATION-POWER COUPLED WITH AN INTEREST

Martin Gough died intestate leaving three brothers and an alleged wife as survivors. Since there was some doubt whether the woman was his widow and entitled to share in the estate as such, the three brothers agreed that one of their number, Luke, should negotiate a settlement for them with the woman. When this was done James refused to sign and revoked the power, whereupon Luke signed for him. A bill for specific performance of the agreement, brought by intestate\u27s alleged wife, Margaret, and two brothers, Luke and Frank, against James, was dismissed by the lower court. On appeal, held, reversed. The instruments were specifically enforceable in equity as the brother\u27s authority to reach a settlement was a power coupled with an interest. MacDonald v. Gough, (Mass. 1950) 93 N.E. (2d) 260

WILLS-CONSTRUCTION-USE OF EXTRINSIC EVIDENCE

An action for a declaratory judgment was brought by William C. Borah, Jr. against the Lincoln Hospital Association and William H. H. Moore. In July 1912, Robert E. Moore made a will bequeathing $10,000 each to his nieces, Gertrude and Julia Byerly. Gertrude had been married but her husband and only child died in 1908. Julia was married and had a son, the plaintiff. In June 1916, testator visited the nieces and the plaintiff and in December 1916, he added a codicil to his will reducing the bequests to the nieces to life estates with remainder to the child of Gertrude Byerly. In June 1919, the testator, by codicil, increased the bequests to$15,000 with the same conditions as before. The Lincoln Hospital Association was residuary legatee and W. Moore was successor trustee. The purpose of the action was to determine whether the plaintiff or the residuary legatee was vested with the remainder. The trial court found for the residuary legatee and plaintiff appealed. Held, plaintiff is entitled to the legacy. Extrinsic evidence can be used to aid in the interpretation of the will. Borah v. Lincoln Hospital Assn., (Neb. 1951) 46 N.W. (2d) 166

NEGLIGENCE-LIABILITY OF LANDLORD FOR INJURIES TO PERSONS ON THE PREMISES

Plaintiff, an invitee, sued for injuries caused by the fall of plaster from the ceiling of a tavern operated by a tenant in a building owned by defendant. Held, the rule whereby a lessor of premises leased for a public use is liable to an invitee of his tenant is inapplicable. Warner v. Fry, (Mo. 1950) 228 S.W. (2d) 729

WILLS-CONSTRUCTION-USE OF EXTRINSIC EVIDENCE

A suit was brought for construction of a will bequeathing a sum of money To the Home for the Aged located at 2007 N. Capitol Avenue, Indianapolis, Indiana. A home for the aged was conducted at that address by Altenheim of Indianapolis, while Indianapolis Home for the Aged, Inc. was located at 1731 N. Capitol Avenue. The probate court resolved the contest in favor of Altenheim of Indianapolis, holding the bequest to be unambiguous. On appeal, held, reversed. Upon attempted application the bequest was ambiguous and extrinsic evidence was admissible to interpret the language employed. One judge dissented on the ground that the will contained no ambiguity. Indianapolis Home for the Aged, Inc., v. Altenheim of Indianapolis, (Ind. 1950) 93 N.E. (2d) 203

Development of high critical current density in multifilamentary round-wire Bi2Sr2CaCu2O8+x by strong overdoping

Bi2Sr2CaCu2O8+x is the only cuprate superconductor that can be made into a round-wire conductor form with a high enough critical current density Jc for applications. Here we show that the Jc(5 T,4.2 K) of such Ag-sheathed filamentary wires can be doubled to more than 1.4x10^5 A/cm^2 by low temperature oxygenation. Careful analysis shows that the improved performance is associated with a 12 K reduction in transition temperature Tc to 80 K and a significant enhancement in intergranular connectivity. In spite of the macroscopically untextured nature of the wire, overdoping is highly effective in producing high Jc values.Comment: 4 figure

Investigation of Optimal Approaches to Assessing the Megacity Innovative Potential

The authors of the article set a goal to identify the most accurate and economical methods for assessing the innovative potential of megacity in terms of the used resources. For that purpose, methods were selected, calculations were carried out for two of them, which were suitable for the goal and described in detail in the methodological literature. The results of two other methods presented in the public domain for comparable periods of time for three selected regions were used. The study used materials from Russian and foreign sources. Based on the results of the work done, certain conclusions were made that allow a more accurate selection of methods for assessing the innovative potential of cities, considering the objectives of such an assessment, as well as the resource availability of a group of researchers. A critical view is also presented on the further application of all methods, which requires researchers of the local innovation potential to have the accuracy, objectivity in assessments, and independence in their interpretation

Disorder effects on the superconducting properties of BaFe1.8_{1.8}Co0.2_{0.2}As2_2 single crystals

Single crystals of superconducting BaFe$_{1.8}$Co$_{0.2}$As$_2$ were exposed to neutron irradiation in a fission reactor. The introduced defects decrease the superconducting transition temperature (by about 0.3 K) and the upper critical field anisotropy (e.g. from 2.8 to 2.5 at 22 K) and enhance the critical current densities by a factor of up to about 3. These changes are discussed in the context of similar experiments on other superconducting materials