EXECUTORS AND ADMINISTRATORS -ABATEMENT OF LEGACIES - INTENTION OF TESTATOR AS DETERMINED FROM NATURE OF LEGACY AND SURROUNDING CIRCUMSTANCES

When testator\u27s estate is insufficient to pay all bequests provided for in his will, they normally abate in a definite order. For example, specific and demonstrative legacies are payable in toto before general legacies, which in turn must be paid before residuary gifts of personalty. Specific devises are free from abatement to pay pecuniary bequests; the same has been said of residuary devises. If there are insufficient assets to satisfy any class in full, bequests therein abate pro rata. But testator may vary the order of abatement, may provide for the prior payment of any bequest he chooses. The most obvious case occurs when he states specifically what legacies shall be preferred, and to what extent. Express statements of intention to prefer do not provide the only basis for departing from the usual order of abatement. The courts have inferred an intention to prefer certain types of legacies from the nature of the bequest, sometimes looking to extrinsic circumstances to aid in the interpretation, and occasionally finding a further basis in policy. These additional rules of preference have become so fixed and accepted as to be automatically applied, with no serious inquiry as to their basis and validity. This comment purposes not only to classify these preferred bequests but also to examine the bases on which the preferences are founded and determine, if possible, the adequacy of those bases. The types of bequests to be discussed are, (1) legacies based on valuable consideration; (2) legacies in lieu of dower; (3) legacies based on a moral obligation; (4) legacies for support and maintenance of dependents; (5) legacies for burial plots, charities and memorials; (6) residuary bequests of realty blended with personalty in the residuary clause; (7) residuary devises given when testator anticipated an insufficiency of personalty to pay pecuniary bequests. Except as otherwise indicated, the discussion will concern only abatement between legacies of the same class

WILLS - EXECUTORS AND ADMINISTRATORS -TITLES - EFFECT OF THE REVOCATION OF PROBATE DECREES ON THE TITLE TO REALTY ACQUIRED BY BONA FIDE PURCHASE FROM HEIR OR DEVISEE

There are probably few chains of title to realty that do not contain at least one link consisting of a conveyance from one who claimed as heir or devisee of a decedent. The ability of the granter to convey resulted from the fact that he was heir of an intestate or was a devisee under the last will of his testator. Sometimes it has occurred that the grantee has purchased for value and with no knowledge or suspicion of an impending attack on his grantor\u27s title, only to have it subsequently determined in a judicial proceeding that his grantor\u27s ancestor had left a will, that his granter was not heir, claimed under an invalid will, or that there was a later testamentary instrument. So the question arose, what title could the bona fide purchaser for value claim as against the heir or devisee normally entitled to the land

TRUSTS - JUDICIAL SUPERVISION OF THE ADMINISTRATION OF TRUSTS

The last few years have witnessed an increasing tendency to use both the testamentary and inter vivos trust as a means for the distribution of estates. Since this results in an avoidance of the normal procedure of probate and administration and of supervision by the probate court, it becomes pertinent to inquire as to the extent to which the administration of trusts is subject to judicial control

Microlensing Detections of Moons of Exoplanets

We investigate the characteristic of microlensing signals of Earth-like moons orbiting ice-giant planets. From this, we find that non-negligible satellite signals occur when the planet-moon separation is similar to or greater than the Einstein radius of the planet. We find that the satellite signal does not diminish with the increase of the planet-moon separation beyond the Einstein radius of the planet unlike the planetary signal which vanishes when the planet is located well beyond the Einstein radius of the star. We also find that the satellite signal tends to have the same sign as that of the planetary signal. These tendencies are caused by the lensing effect of the star on the moon in addition to the effect of the planet. We determine the range of satellite separations where the microlensing technique is optimized for the detections of moons. By setting an upper limit as the angle-average of the projected Hill radius and a lower limit as the half of the Einstein radius of the planet, we find that the microlensing method would be sensitive to moons with projected separations from the planet of $0.05 {\rm AU} \lesssim d_{\rm p} \lesssim 0.24 {\rm AU}$ for a Jupiter-mass planet, $0.03 {\rm AU}\lesssim d_{\rm p} \lesssim 0.17 {\rm AU}$ for a Saturn-mass planet, and $0.01 {\rm AU} \lesssim d_{\rm p} \lesssim 0.08 {\rm AU}$ for a Uranus-mass planet. We compare the characteristics of the moons to be detected by the microlensing and transit techniquesComment: 6pages, 6 figure

Gravitational Lensing of the SDSS High-Redshift Quasars

We predict the effects of gravitational lensing on the color-selected flux-limited samples of z~4.3 and z>5.8 quasars, recently published by the Sloan Digital Sky Survey (SDSS). Our main findings are: (i) The lensing probability should be 1-2 orders of magnitude higher than for conventional surveys. The expected fraction of multiply-imaged quasars is highly sensitive to redshift and the uncertain slope of the bright end of the luminosity function, beta_h. For beta_h=2.58 (3.43) we find that at z~4.3 and i*<20.0 the fraction is ~4% (13%) while at z~6 and z*<20.2 the fraction is ~7% (30%). (ii) The distribution of magnifications is heavily skewed; sources having the redshift and luminosity of the SDSS z>5.8 quasars acquire median magnifications of med(mu_obs)~1.1-1.3 and mean magnifications of ~5-50. Estimates of the quasar luminosity density at high redshift must therefore filter out gravitationally-lensed sources. (iii) The flux in the Gunn-Peterson trough of the highest redshift (z=6.28) quasar is known to be f_lambda<3 10^-19 erg/sec/cm^2/Angstrom. Should this quasar be multiply imaged, we estimate a 40% chance that light from the lens galaxy would have contaminated the same part of the quasar spectrum with a higher flux. Hence, spectroscopic studies of the epoch of reionization need to account for the possibility that a lens galaxy, which boosts the quasar flux, also contaminates the Gunn-Peterson trough. (iv) Microlensing by stars should result in ~1/3 of multiply imaged quasars in the z>5.8 catalog varying by more than 0.5 magnitudes over the next decade. The median equivalent width would be lowered by ~20% with respect to the intrinsic value due to differential magnification of the continuum and emission-line regions.Comment: 27 pages, 10 figures. Expansion on the discussion in astro-ph/0203116. Replaced with version accepted for publication in Ap

A method to measure a relative transverse velocity of source-lens-observer system using gravitational lensing of gravitational waves

Gravitational waves propagate along null geodesics like light rays in the geometrical optics approximation, and they may have a chance to suffer from gravitational lensing by intervening objects, as is the case for electromagnetic waves. Long wavelength of gravitational waves and compactness of possible sources may enable us to extract information in the interference among the lensed images. We point out that the interference term contains information of relative transverse velocity of the source-lens-observer system, which may be obtained by possible future space-borne gravitational wave detectors such as BBO/DECIGO.Comment: 27 pages, 9 figures. Accepted for publication in Physical Review

Virtual slides in peer reviewed, open access medical publication

<p>Abstract</p> <p>Background</p> <p>Application of virtual slides (VS), the digitalization of complete glass slides, is in its infancy to be implemented in routine diagnostic surgical pathology and to issues that are related to tissue-based diagnosis, such as education and scientific publication.</p> <p>Approach</p> <p>Electronic publication in Pathology offers new features of scientific communication in pathology that cannot be obtained by conventional paper based journals. Most of these features are based upon completely open or partly directed interaction between the reader and the system that distributes the article. One of these interactions can be applied to microscopic images allowing the reader to navigate and magnify the presented images. VS and interactive Virtual Microscopy (VM) are a tool to increase the scientific value of microscopic images.</p> <p>Technology and Performance</p> <p>The open access journal Diagnostic Pathology <url>http://www.diagnosticpathology.org</url> has existed for about five years. It is a peer reviewed journal that publishes all types of scientific contributions, including original scientific work, case reports and review articles. In addition to digitized still images the authors of appropriate articles are requested to submit the underlying glass slides to an institution (DiagnomX.eu, and Leica.com) for digitalization and documentation. The images are stored in a separate image data bank which is adequately linked to the article. The normal review process is not involved. Both processes (peer review and VS acquisition) are performed contemporaneously in order to minimize a potential publication delay. VS are not provided with a DOI index (digital object identifier). The first articles that include VS were published in March 2011.</p> <p>Results and Perspectives</p> <p>Several logistic constraints had to be overcome until the first articles including VS could be published. Step by step an automated acquisition and distribution system had to be implemented to the corresponding article. The acceptance of VS by the reader is high as well as by the authors. Of specific value are the increased confidence to and reputation of authors as well as the presented information to the reader. Additional associated functions such as access to author-owned related image collections, reader-controlled automated image measurements and image transformations are in preparation.</p> <p>Virtual Slides</p> <p>The virtual slide(s) for this article can be found here: <url>http://www.diagnosticpathology.diagnomx.eu/vs/1232133347629819</url>.</p

Bounds on gamma from CP violation measurements in B -> pi+ pi- and B -> psi K_S

We study the determination of gamma from CP-violating observables in B -> pi+ pi- and B -> psi K_S. This determination requires theoretical input to one combination of hadronic parameters. We show that a mild assumption about this quantity may allow bounds to be placed on gamma, but we stress the pernicious effects that an eightfold discrete ambiguity has on such an analysis. The bounds are discussed as a function of the direct (C) and interference (S) CP-violating observables obtained from time-dependent B -> pi+ pi- decays, and their behavior in the presence of new physics effects in B-Bbar mixing is studied. (V2: Misprints corrected. Slightly improved discussion.)Comment: 11 pages, RevTex 4, 5 eps figures include

Seeing Star Formation Regions with Gravitational Microlensing

We qualitatively study the effects of gravitational microlensing on our view of unresolved extragalactic star formation regions. Using a general gravitational microlensing configuration, we perform a number of simulations that reveal that specific imprints of the star forming region are imprinted, both photometrically and spectroscopically, upon observations. Such observations have the potential to reveal the nature and size of these star forming regions, through the degree of variability observed in a monitoring campaign, and hence resolve the star formation regions in distant galaxies which are too small to be probed via more standard techniques.Comment: 7 pages, 8 figures, ApJ accepte

A general and practical method for calculating cosmological distances

The calculation of distances is of fundamental importance in extragalactic astronomy and cosmology. However, no practical implementation for the general case has previously been available. We derive a second-order differential equation for the angular size distance valid not only in all {\em homogeneous\/} Friedmann-Lemaitre cosmological models, parametrised by \lambda_{0} and \Omega_{0}, but also in {\em inhomogeneous\/} `on-average' Friedmann-Lemaitre models, where the inhomogeneity is given by the (in the general case redshift-dependent) parameter \eta. Since most other cosmological distances can be obtained trivially from the angular size distance, and since the differential equation can be efficiently solved numerically, this offers for the first time a practical method for calculating distances in a large class of cosmological models. We also briefly discuss our numerical implementation, which is publicly available