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

A Trapped Field of 17.6 T in Melt-Processed, Bulk Gd-Ba-Cu-O Reinforced with Shrink-Fit Steel

The ability of large grain, REBa$_{2}$Cu$_{3}$O$_{7-\delta}$ [(RE)BCO; RE = rare earth] bulk superconductors to trap magnetic field is determined by their critical current. With high trapped fields, however, bulk samples are subject to a relatively large Lorentz force, and their performance is limited primarily by their tensile strength. Consequently, sample reinforcement is the key to performance improvement in these technologically important materials. In this work, we report a trapped field of 17.6 T, the largest reported to date, in a stack of two, silver-doped GdBCO superconducting bulk samples, each of diameter 25 mm, fabricated by top-seeded melt growth (TSMG) and reinforced with shrink-fit stainless steel. This sample preparation technique has the advantage of being relatively straightforward and inexpensive to implement and offers the prospect of easy access to portable, high magnetic fields without any requirement for a sustaining current source.Comment: Updated submission to reflect licence change to CC-BY. This is the "author accepted manuscript" and is identical in content to the published versio

Seeking cyclonic activity records in speleothems from central Pacific: preliminary sample screening

PosterInternational audienceIdeal cyclone-sensitive speleothems would have the following properties: active at the time of sampling and recording the past few millenia, with fast growth rate, made of clean primary calcite, precipitated without kinetic fractionation, and fed by water with a short residence time allowing for the isotopic signal of short events like cyclones to be transferred but long enough for the drip water to be supersaturated. The screening for this type of speleothem is still in progress and the results presented here are very preliminary. U-Th dating: low U concentration (9-40ng/g; host rock is reef limestone) ; significant detrital content, involving large corrections and large final age uncertainties. Growth rate is highly variable, from ~0.12 mm/yr to ~0.03mm/yr. Tau12A: δ 18 O profile shows some quite large variations (~3‰), with several abrupt events that we will try to identify in other archives. δ 13 C signal amplitude is very large (~-4 to ~-14‰) suggesting the effect of prior calcite precipitation. The δ 18 O signal gets heavier when the δ 13 C does, which could reflect the rainfall amount in this context. Var12C: δ 18 O profile shows values between-3.1 and-6.3‰, with decadal or centennial fluctuations, superimposed on a general trend which is consistent with the one of the δ 13 C profile without being correlated, which implies that calcite precipitation could occur in conditions close to isotopic equilibrium. Once properly dated, this record should provide interesting information about past rainfall regimes on the island