WILLS - CONSTRUCTION - MEANING OF ISSUE IN TESTAMENTARY GIFTS

Two recent cases illustrate a trend in the judicial construction of the word issue in wills which seems to be divergent from the view expressed in the older cases. In Re Thompson\u27s Estate there was a bequest to A and B for their lives and at the death of the survivor one half thereof to the living issue of each daughter, if there then be such issue of each, whether of the first or succeeding generations. At the death of the survivor there were six children of A and two grandchildren, issue of living children, and there were two children of B and one grandchild, the issue of a living child. It was held that the property should be distributed among the living children and not per capita among all the living descendants of A and B. In Dolbeare v. Dolbeare there was a bequest to issue to take the share to which their mother would have been entitled had she been living. It was held, contrary to the older view, that issue although used in conjunction with the word mother did not mean children, but rather meant descendants

VENDOR AND PURCHASER - RIGHT OF VENDOR\u27S ASSIGNEE TO SPECIFIC PERFORMANCE WHERE CONTRACT CALLS FOR WARRANTY DEED

Vendor, a corporation, contracted to convey real estate to the vendee by good and sufficient warranty deed, free of all incumbrances upon payment of the purchase price by the vendee. The vendor assigned the contract to X as trustee and then went into receivership and liquidation. A new corporation was organized and the real estate subject to the contract was conveyed to it by the old corporation (vendor). The contract was then assigned to the new corporation by X, the trustee. The vendee being in default, the new corporation as assignee of the vendor sued the vendee for specific performance and to require the vendee to accept a deed from the plaintiff. Held, specific performance granted. Although the contract called for a warranty deed of the vendor which includes covenants of seizin and against incumbrances, both non-assignable personal covenants, nevertheless the vendee was required to accept the warranty deed of the assignee of the vendor because the personal covenants of the vendor would be worthless since it had been dissolved and the vendee would therefore get substantially as good performance from the warranties of the plaintiff as he would have from the vendor itself. Coral Gables v. Payne, (C. C. A. 4th, 1938) 94 F. (2d) 593

WATERS AND WATERCOURSES - NAVIGABLE WATERS - DRIED-UP LAKE - RELICTION

A meandered lake, during periods of normal rainfall covering 3000 acres, due to years of drought completely dried up. Plaintiff, the owner of land abutting on the lake, sued the defendant, a stranger, who entered on the dry bed and cut hay, plaintiff claiming ownership of that part of the dry bed where the hay was cut as relicted land. Held, that the lake which was deemed navigable before it dried up was still a navigable lake although no water was in it; that as a navigable lake the ownership of the bed was in the state in trust for the public; that there was no reliction because the lake was not permanently dry and that plaintiff, therefore, had no title to the bed by which he could bring the action. Hillebrand v. Knapp, (S. D. 1937) 274 N. W. 821

Crossing of the w=-1 barrier in viscous modified gravity

We consider a modified form of gravity in which the action contains a power alpha of the scalar curvature. It is shown how the presence of a bulk viscosity in a spatially flat universe may drive the cosmic fluid into the phantom region (w<-1) and thus into a Big Rip singularity, even if it lies in the quintessence region (w>-1) in the non-viscous case. The condition for this to occur is that the bulk viscosity contains the power (2 alpha-1) of the scalar expansion. Two specific examples are discussed in detail. The present paper is a generalization of the recent investigation dealing with barrier crossing in Einstein's gravity: I. Brevik and O. Gorbunova, Gen. Relativ. Grav. 37 (2005) 2039.Comment: 12 pages, latex, no figure

A Multi-Frame Analysis Of For-Profit Higher Education

After years of remarkable expansion, the for-profit higher education sector is showing signs of an industrial reset in the wake of increased federal regulations aimed at addressing claims of aggressive recruiting practices and high student default rates throughout the sector. Large publicly-traded for-profit universities, such as the University of Phoenix, have resultantly experienced precipitous drops in student enrollment. As an initial point to begin thinking about for-profit higher education going forward, this article will put forth a multi-frame organizational analysis of the University of Phoenix with the particular goal of generating a body of knowledge endemic to improving Phoenix’s overall operating environment and discussing the important role the school has played and can continue to play in (re)defining higher education in the United States. This discussion can be used as an entry point to promulgate further discussion surrounding significant issues in for-profit higher education and the changing landscape of higher education

Boundaries And Applications: The Teacher Quality Debate In America

The teacher quality debate in America remains an important one. Many feel that teachers are leaving teacher preparation programs without the appropriate knowledge and skills to be effective classroom practitioners. School districts have spent a considerable amount of time and economic resources addressing the teacher quality provisions of No Child Left Behind legislation, yet there is still substantial disagreement as to what exactly “teacher quality” is and how “quality” teachers can be developed and convinced to teach in schools that need them most. This article describes the current parameters and arguments surrounding the teacher quality debate in America and makes suggestions as to how teacher quality and teaching quality can be improved. Two major aims of the article are to explore how teacher quality can be assessed and articulate how schools can implement reasonable systems to attract quality teachers. This article argues that a bold, balanced, and open-minded systemic approach to reform is most likely to provide a productive definition of teacher quality and allow schools to attract, develop, and retain quality teacher candidates

Beulah (Mrs. Stewart) Hodgman, interviewed by Anne Pierter, Part 1

Beulah (Jordan) Hodgman, interviewed by Anne Pierter at Mrs. Hodgman\u27s home, 9 Lemon Street, Veazie, Maine, November 7, 1977-December 9, 1977. Mrs. (Stewart) Hodgman talks about Veazie history; General Veazie, sawmill operations, ice business, canoe factory, cigar operation, childhood pranks; family history; old town families; Aunt Hat; and town characters. ListenPart 1. mfc_na1125_t1183_01Part 2. mfc_na1125_t1183_02Part 3. mfc_na1125_t1184_01Part 4. mfc_na1125_t1184_02https://digitalcommons.library.umaine.edu/mf064/1026/thumbnail.jp

Beulah (Mrs. Stewart) Hodgman, interviewed by Anne Pierter, Part 3

Beulah (Jordan) Hodgman, interviewed by Anne Pierter at Mrs. Hodgman\u27s home, 9 Lemon Street, Veazie, Maine, November 7, 1977-December 9, 1977. Mrs. (Stewart) Hodgman talks about Veazie history; General Veazie, sawmill operations, ice business, canoe factory, cigar operation, childhood pranks; family history; old town families; Aunt Hat; and town characters. ListenPart 1. mfc_na1125_t1183_01Part 2. mfc_na1125_t1183_02Part 3. mfc_na1125_t1184_01Part 4. mfc_na1125_t1184_02https://digitalcommons.library.umaine.edu/mf064/1028/thumbnail.jp

Distinction without Separation: Challenging Contemporary Yoga-Christian Praxis Dialogue Through a Comparison of Striving and Personal Transformation in the Yoga-Sūtra and the Life of Moses

In contemporary society, distinct traditions are bleeding into one another, blurring traditional lines of inquiry and historically significant boundaries. This phenomenon frames this project and creates the context for the Yoga-Christian praxis dialogue this study constructively critiques. Unfortunately, this dialogue exhibits an Eliadean concern for essentialism and universality. I challenge this trend by juxtaposing two distinct texts, Patañjali‘s Yoga-Sūtra and Gregory of Nyssa’s Life of Moses. These texts point to the similar idea that without striving and personal transformation neither the yogic practitioner nor practicing Christian logically subsists. More importantly, however, from this point of correspondence I constructively critique the Yoga-Christian praxis dialogue by concretely engaging these texts and paying particular attention to the differences inherent in them. My comparison, then, suggests how attention to particularity points to a more authentic dialogue: what I wish to call a dialogue of distinction without separation

Desktop Virtualization: Applications And Considerations

As educational technology continues to rapidly become a vital part of a school district’s infrastructure, desktop virtualization promises to provide cost-effective and education-enhancing solutions to school-based computer technology problems in school systems locally and abroad. This article outlines the history of and basic concepts behind desktop virtualization and discusses obstacles to implementation and benefits that result from its use in educational settings. A large school district in Maryland was used as an entry point to illustrate the potential gains of utilizing desktop virtualization technology. Through use of Bolman and Deal’s (2008) approach to reframing organizations for change, this article aims to explain what implementation of virtualization technology would require in an applied setting and clarify how all parties in the school-based educational arena will benefit from this technology over time. It was concluded that those entrusted with executive decision-making power in America’s school systems would be wise to consider employing virtualization technology in their classrooms