2,106 research outputs found

    AGENCY-TERMINATION-POWER COUPLED WITH AN INTEREST

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    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

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    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 10,000eachtohisnieces,GertrudeandJuliaByerly.Gertrudehadbeenmarriedbutherhusbandandonlychilddiedin1908.Juliawasmarriedandhadason,theplaintiff.InJune1916,testatorvisitedtheniecesandtheplaintiffandinDecember1916,headdedacodiciltohiswillreducingthebequeststotheniecestolifeestateswithremaindertothechildofGertrudeByerly.InJune1919,thetestator,bycodicil,increasedthebequeststo10,000 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

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    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

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    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

    Local Measurement of Current Density by Magneto-Optical Current Reconstruction in Normally and Overpressure Processed Bi-2223 Tapes

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    Magneto-optical current reconstruction has been used for detailed analysis of the local critical current density (Jc) variation in monocore Bi-2223 tapes. We find, even in high quality tapes with bulk transport Jc ~ 40 kA/cm^2 (77K, 0T), that there exist local regions which possess current densities of more than 200 kA/cm^2. Overpressure processing at 148 bar significantly improved Jc to 48 kA/cm^2 by improving the connectivity. For the overpressure-processed sample we find that the current distribution is more uniform and that the maximum local current density at 77 K is increased almost to 300 kA/cm^2.Comment: Presented at Applied Superconductivity Conference, Houston, August 4th -9th, 200

    Conductance asymmetry in point-contacts on epitaxial thin films of Ba(Fe0.92_{0.92}Co0.08_{0.08})2_2As2_2

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    Point-contact spectroscopy is a powerful tool for probing superconductors. One of the most common observations in the point-contact spectra on the recently discovered ferropnictide superconductors is a large conductance asymmetry with respect to voltage across the point-contact. In this paper we show that the antisymmetric part of the point-contact spectrum between a silver tip and an epitaxial thin film of Ba(Fe0.92_{0.92}Co0.08_{0.08})2_2As2_2 shows certain unique features. These features have an interesting evolution with increasing temperature up to a temperature that is 30% larger than the critical temperature TcT_c of the superconductor. We argue that this evolution can be associated with the rich normal state properties of these materials.Comment: 4 pages, 2 figure

    Electrodynamics of superconducting pnictide superlattices

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    It has been recently reported (S. Lee et al., Nature Materials 12, 392, 2013) that superlattices where layers of the 8% Co-doped BaFe2As2 superconducting pnictide are intercalated with non superconducting ultrathin layers of either SrTiO3 or of oxygen-rich BaFe2As2, can be used to control flux pinning, thereby increasing critical fields and currents, without significantly affecting the critical temperature of the pristine superconducting material. However, little is known about the electron properties of these systems. Here we investigate the electrodynamics of these superconducting pnictide superlattices in the normal and superconducting state by using infrared reflectivity, from THz to visible range. We find that multi-gap structure of these superlattices is preserved, whereas some significant changes are observed in their electronic structure with respect to those of the original pnictide. Our results suggest that possible attempts to further increase the flux pinning may lead to a breakdown of the pnictide superconducting properties.Comment: 4 pages, two figure
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