Trusts - Spendthrift Trusts - Deviation from Trust Terms on the Basis of Unforeseen Emotional Emergencies

Plaintiff and her son were the principal beneficiaries of a testamentary spendthrift trust which had been created by plaintiff\u27s husband. The son, Montgomery Ward Thorne, was found dead under unusual circumstances. His will left a portion of his interest in the trust to his fiancée and her mother. A contest over the son\u27s will developed between plaintiff and the designated beneficiaries in the will which caused intense bitterness between the parties. A compromise agreement was entered into, and plaintiff brought suit to obtain (1) court approval of the will contest settlement and (2) a direction to defendant trustee to invade the corpus of the spendthrift trust to provide funds for the settlement. The chancellor approved the settlement and directed defendant trustee to invade the corpus. On appeal, held, affirmed. The chancellor had authority to deviate from the trust terms on the basis of an emotional emergency engendered by the son\u27s death and the subsequent dispute between plaintiff and her son\u27s beneficiaries. The existence of spendthrift provisions did not prevent deviation. Thorne v. Continental Ill. Nat. Bank b Trust Co., (Ill. App. 1958) 151 N.E. (2d) 398

Constitutional Law - Search and Seizure - Admissibility in a Federal Court of Evidence Illegally Obtained by State Officers

In response to a call from a citizen whose suspicions had been aroused by the actions of the defendant and a companion, Maryland police unlawfully arrested the companion and searched the premises occupied by him and the defendant. & a result of this search, money was found which had been stolen in the District of Columbia. Although the search was illegal under Maryland law and in violation of the Fourteenth Amendment, this money was used as evidence to convict the defendant of housebreaking and larceny in the District of Columbia federal court. On appeal, held, conviction reversed and remanded for a new trial excluding such evidence. As the evidence was obtained in violation of the Constitution, it should be excluded on principle and as a matter of sound judicial policy even though only state officers participated in the unlawful proceedings. Hanna v. United States, (D.C. Cir. 1958) 260 F. (2d) 723

Associations of Sedentary Behavior and Moderate-Vigorous Intensity Physical Activity with Depressive Symptoms throughout Pregnancy

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Taxation - Ordinary and Necessary Expenses - Deduction of Advertising Expenses Incurred to Defeat State Initiative Measures

Petitioners were members of a partnership engaged in the wholesale distribution of beer in Washington. In 1948 the partnership made contributions to a publicity campaign instituted to defeat an initiative to be presented to the voting public, the passage of which would have placed retail beer and wine sales exclusively in state hands. In their 1948 tax returns petitioners deducted the amount contributed as ordinary and necessary business expense. After the Commissioner disallowed the deduction the petitioners paid the deficiency under protest and sued for a refund in the district court. That court denied the refund, ruling that the payments were expended for the defeat of legislation within the meaning of an existing treasury regulation which prohibited deduction of such expenditures as ordinary and necessary business expense under section 23 (a) (1) (A) of the 1939 Internal Revenue Code. The court of appeals affirmed. On certiorari to the United States Supreme Court, held, affirmed. The pertinent regulation is designed to implement the sound public policy of keeping the Treasury out of political controversies and has acquired the force of law due to (1) reenactment without change of the code provision which the regulation interprets and (2) consistent rulings by the courts disallowing such deductions in accordance with the regulation. Cammarano v. United States, 358 U.S. 498 (1959)

Temporal and dimensional effects in evolutionary graph theory

The spread in time of a mutation through a population is studied analytically and computationally in fully-connected networks and on spatial lattices. The time, t_*, for a favourable mutation to dominate scales with population size N as N^{(D+1)/D} in D-dimensional hypercubic lattices and as N ln N in fully-connected graphs. It is shown that the surface of the interface between mutants and non-mutants is crucial in predicting the dynamics of the system. Network topology has a significant effect on the equilibrium fitness of a simple population model incorporating multiple mutations and sexual reproduction. Includes supplementary information.Comment: 6 pages, 4 figures Replaced after final round of peer revie

Qualitative methods: An alternative view

Are qualitative and quantitative research really based on different philosophies? John Paley and Richard Lilford argue that the idea that qualitative research is constructivist should not be allowed to diffuse into medical literature unopposed

Golden Sands Of Waikiki : Song

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