WILLS - PROVISIONS FOR CONSTRUCTION OF THE WILL BY UMPIRE NAMED BY TESTATOR

Testatrix created a trust and bequeathed one-fifth of the income to her son W and to S, his wife, with a proviso that if S survived her husband such income should not be paid to her in case she remarried. S divorced Wand remarried. Under a clause in the will giving them the power to determine with finality any question as to the construction or administration of the will, the executors and trustees construed the will to mean that S was not to receive any further share of the income, that testatrix would consider the divorce and remarriage during W\u27s lifetime the same as if the wife predeceased the son. S brings a bill for the construction of the will. Held, that the construction placed on the will by the executors and trustees was not binding on complainant. Under such a clause a decision by the executors and trustees may not be contrary to a clear provision in the will, and the court will further interfere in case of a gross mistake or error in judgment. Taylor v. McClave, 128 N. J. Eq. 100, 15 A. (2d) 213 (1940)

WITNESSES - PRIVILEGE OF COMMUNICATIONS BETWEEN PHYSICIAN AND PATIENT APPLICABLE TO NONJUDICIAL PROCEEDINGS

Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, provides that the privilege shall apply to any examination of a person as a witness unless the provisions thereof are expressly waived upon the trial or examination by . . . the patient. The appellate division unanimously affirmed the lower court\u27s order requiring compliance with the subpoena. The commissioner appealed. Held, that under the physician-patient privilege, the refusal to produce the case cards or records was proper. The privilege is not limited to judicial proceedings, but extends to legislative investigations as well. New York City Council v. Goldwater, 284 N. Y. 296, 31 N. E. (2d) 31 (1940)

ADMINISTRATIVE LAW - SCOPE OF JUDICIAL REVIEW - DOCTRINE OF THE BEN AVON CASE- INDEPENDENT DETERMINATION BY COURT OF BOTH LAW AND FACTS WHERE CONFISCATION QUESTION INVOLVED

A recent decision by the United States Supreme Court renders desirable a reexamination of the scope of judicial review of orders and decisions made by administrative bodies, and more specifically a reexamination of the doctrine of the Ben Avon case. There are several possibilities as to the finality that may be accorded to administrative fact determinations: first, findings may be conclusive and binding upon the reviewing court; second, they may be conclusive if supported by substantial evidence; third, they may be subject to independent determination by the court. To what extent, if any, the scope of review should take the last-mentioned form has been, and still is, one of the most troublesome and debatable aspects of administrative law. As government regulation increases, the need for more commissions, boards, and agencies increases, with a corresponding need for greater efficiency on the part of all administrative bodies-hence the demand by administrative bodies, backed by many students of administrative law, for more freedom of action and less interference by the judiciary. On the other hand, increasing regulation affects more interests and more people, and this group naturally seeks to assure the correctness of administrative action by subjecting it to greater judicial control

TAXATION - GIFT TAX - EACH BENEFICIARY OF TRUST AS DONEE FOR PURPOSE OF EXEMPTION PROVISION

In 1935, the donor created a trust for the benefit of seven children. The donor in her gift tax return, pursuant to section 504b of the Gift Tax Act, excluded from the taxable amount $5,000 for each child. The commissioner\u27s action in treating the trustee as the donee and in allowing a single deduction of$5,000 was sustained by the Board of Tax Appeals. The circuit court of appeals reversed. Held, that the taxpayer was entitled to seven deductions, one for each beneficiary under the trust. Helvering v. Hutchings, (U.S. 1941) 61 S. Ct. 653

INSURANCE - PUBLIC LIABILITY POLICY - LIABILITY OF INSURER FOR PUNITIVE DAMAGES AND PENALTIES

Under an automobile liability policy, the defendant insurer paid the plaintiff, on his judgment against the insured, the amount of compensatory damages recovered for injuries. The insurer refused, however, to pay the additional sum awarded as double damages under a statute providing that the court in its discretion might award double or treble damages where the injury was caused by a violation of certain statutory rules of the road. By the terms of the policy defendant insurance company agreed to pay all sums which the insured shall become obligated to pay by reason of liability imposed upon him by law for damages . . . because of bodily injury. Plaintiff sued insurer, who demurred to the complaint on the ground that the sum sought to be recovered was a penalty. The demurrer was overruled and defendant appealed. Held, the demurrer should be sustained. The allowance of double damages is an imposition of a penalty rather than a recovery of punitive damages and hence the liability is not for damages because of bodily injury. Tedesco v. Maryland Casualty Co., (Conn. 1941) 18 A. (2d) 357

RESTITUTION - EFFECT OF ILLEGALITY - RIGHT OF PERSON NOT A PARTY TO THE ILLEGAL TRANSACTION TO INVOKE DEFENSE OF ILLEGALITY

In an action for conversion of stock, plaintiff alleged that her intestate was the actual owner of the capital stock of a brewing corporation. Intestate had in fact furnished the consideration for the stock, but it was issued in the name of one Vogel as his dummy and agent. After the death of intestate, the defendant, with knowledge of plaintiff\u27s interest, acquired the stock from Vogel by means of a pretended purchase and converted it to his own use. As a defense to the conversion action, defendant interposed a plea of illegality, alleging that the capital stock was issued to Vogel as part of a fraudulent scheme to conceal the fact that the intestate was the true owner. The purpose of the scheme was to induce the federal and state liquor authorities to issue permits for the operation of the brewery. Plaintiff\u27s motion to strike out this defense was granted at special term. The appellate division denied the motion. Held, that the defense is sufficient in law. The transactions of plaintiff\u27s intestate . . . were so far against the public good as to disable the plaintiff from invoking the aid of the court in her endeavor to disengage herself (as administratrix) from the unlawfulness of the conduct of her intestate. Flegenheimer v. Brogan, 284 N. Y. 268, 30 N. E. (2d) 591 (1940)

Evaluation of a Training Course for University Teachers

This report describes the evaluation of a training course for university teachers offered by the University Teaching Methods Unit of the University of London Institute of Education. The procedures used required the collection of information from the course participants at the conclusion of the course and again after a four month interval. A post course ques- tionnaire asked the participants to assess the success of the course in achieving its stated objectives and to indicate the extent to which the course's scheduled activities contributed to the achievement of the course objectives. Cross tabulation of the results of the two lines of questions identified which course activities contributed to the achievement of specific objectives. The data collected four months later indicated the extent to which and in what areas participants felt the course did have significant impact on their teaching behaviours.Le rapport présent décrit l'évaluation d'un cours de formation pour les enseignants universi-taires offert par l'Institut pédagogique de l'Université de Londres (University of London Institute of Education). La méthode suivie exigea la cueillette de renseignements chez les participants juste à la fin de leurs cours et une deuxième fois quatre mois plus tard. Un questionnaire à la fin du cours demanda aux participants d'évaluer si leur programme at-teignit, oui ou non, ses objectifs et d'indiquer jusqu 'à quel point les activités inscrites au cours contribuèrent à la réalisation de ces objectifs. Une distribution des résultats avec des renvois aux deux séries de questions permit d'identifier les activités du cours qui contri-buèrent à la réalisation d'objectifs précis. Les données cueillies quatre mois plus tard signa-lèrent jusqu'à quel point et dans quels domaines les participants estimaient que leur cours avait une influence significative dans leur conduite en tant qu'enseignant

Simulating Three-Dimensional Hydrodynamics on a Cellular-Automata Machine

We demonstrate how three-dimensional fluid flow simulations can be carried out on the Cellular Automata Machine 8 (CAM-8), a special-purpose computer for cellular-automata computations. The principal algorithmic innovation is the use of a lattice-gas model with a 16-bit collision operator that is specially adapted to the machine architecture. It is shown how the collision rules can be optimized to obtain a low viscosity of the fluid. Predictions of the viscosity based on a Boltzmann approximation agree well with measurements of the viscosity made on CAM-8. Several test simulations of flows in simple geometries -- channels, pipes, and a cubic array of spheres -- are carried out. Measurements of average flux in these geometries compare well with theoretical predictions.Comment: 19 pages, REVTeX and epsf macros require

Kinematics of chromodynamic multicomponent lattice Boltzmann Simulation with a large density contrast

The utility of an enhanced chromodynamic, color gradient or phase-field multicomponent lattice Boltzmann (MCLB) equation for immiscible fluids with a density difference was demonstrated by Wen et al. [Phys. Rev. E 100, 023301 (2019)] and Ba et al. [Phys. Rev. E 94, 023310 (2016)], who advanced earlier work by Liu et al. [Phys. Rev. E 85, 046309 (2012)] by removing certain error terms in the momentum equations. But while these models' collision scheme has been carefully enhanced by degrees, there is, currently, no quantitative consideration in the macroscopic dynamics of the segregation scheme which is common to all. Here, by analysis of the kinetic-scale segregation rule (previously neglected when considering the continuum behavior) we derive, bound, and test the emergent kinematics of the continuum fluids' interface for this class of MCLB, concurrently demonstrating the circular relationship with—and competition between—the models' dynamics and kinematics. The analytical and numerical results we present in Sec. V confirm that, at the kinetic scale, for a range of density contrast, color is a material invariant. That is, within numerical error, the emergent interface structure is isotropic (i.e., without orientation dependence) and Galilean-invariant (i.e., without dependence on direction of motion). Numerical data further suggest that reported restrictions on the achievable density contrast in rapid flow, using chromodynamic MCLB, originate in the effect on the model's kinematics of the terms deriving from our term F1i in the evolution equation, which correct its dynamics for large density differences. Taken with Ba's applications and validations, this result significantly enhances the theoretical foundation of this MCLB variant, bringing it somewhat belatedly further into line with the schemes of Inamuro et al. [J. Comput. Phys. 198, 628 (2004)] and the free-energy scheme [see, e.g., Phys. Rev. E. 76, 045702(R) (2007), and references therein] which, in contradistinction to the present scheme and perhaps wisely, postulate appropriate kinematics a priori

The GROUSE project II: Detection of the Ks-band secondary eclipse of exoplanet HAT-P-1b

Context: Only recently it has become possible to measure the thermal emission from hot-Jupiters at near-Infrared wavelengths using ground-based telescopes, by secondary eclipse observations. This allows the planet flux to be probed around the peak of its spectral energy distribution, which is vital for the understanding of its energy budget. Aims: The aim of the reported work is to measure the eclipse depth of the planet HAT-P-1b at 2.2micron. This planet is an interesting case, since the amount of stellar irradiation it receives falls in between that of the two best studied systems (HD209458 and HD189733), and it has been suggested to have a weak thermal inversion layer. Methods: We have used the LIRIS instrument on the William Herschel Telescope (WHT) to observe the secondary eclipse of HATP-1b in the Ks-band, as part of our Ground-based secondary eclipse (GROUSE) project. The observations were done in staring mode, while significantly defocusing the telescope to avoid saturation on the K=8.4 star. With an average cadence of 2.5 seconds, we collected 6520 frames during one night. Results: The eclipse is detected at the 4sigma level, the measured depth being 0.109+/-0.025%. The uncertainties are dominated by residual systematic effects, as estimated from different reduction/analysis procedures. The measured depth corresponds to a brightness temperature of 2136+150-170K. This brightness temperature is significantly higher than those derived from longer wavelengths, making it difficult to fit all available data points with a plausible atmospheric model. However, it may be that we underestimate the true uncertainties of our measurements, since it is notoriously difficult to assign precise statistical significance to a result when systematic effects are important.Comment: 7 pages, 10 figures, Accepted for publication in A&