Trusts - Resulting and Constructive Trusts - Rights of Third-Party Donee to Enforce Oral Trust of Land

Plaintiff alleged that her husband, having paid the purchase price on land intended as a: gift for her, caused title to be taken in the name of defendant to hold as trustee. There was, however, no written evidence to support these contentions. Plaintiff further alleged that she took possession and made valuable permanent improvements on the land with the approval of both her husband and defendant. One year after the husband\u27s death and three years after plaintiff\u27s entrance, defendant filed suit for possession. In the present action to enjoin that suit and to establish her ownership, the lower court held that plaintiff failed to state a claim. On appeal, held, reversed, one judge dissenting. If plaintiff\u27s allegations are accepted as true, her complaint sets out facts upon which relief could be granted. Either a resulting trust or a constructive trust might be imposed in plaintiff\u27s behalf. Binz v. Helvetia Florida Enterprises, (Fla. App. 1958) 104 S. (2d) 124

Evidence - Character Testimony - Impeachment Through Reference to Prior Specific Acts of Defendant

Defendant, on trial for arson, presented a character witness who testified that defendant\u27s reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and out of the presence of the jury the actuality of the arrests or convictions, the time of their occurrence and their relevance to the question of reputation, and the failure of the trial judge properly to instruct the jury to limit its consideration of the prosecutor\u27s questions solely to the weight of the character testimony deprived defendant of a fair trial. People v. Dorrikas, 354 Mich. 303, 92 N.W. (2d) 305 (1958)

Effects of antiplatelet therapy on stroke risk by brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases: subgroup analyses of the RESTART randomised, open-label trial

Background Findings from the RESTART trial suggest that starting antiplatelet therapy might reduce the risk of recurrent symptomatic intracerebral haemorrhage compared with avoiding antiplatelet therapy. Brain imaging features of intracerebral haemorrhage and cerebral small vessel diseases (such as cerebral microbleeds) are associated with greater risks of recurrent intracerebral haemorrhage. We did subgroup analyses of the RESTART trial to explore whether these brain imaging features modify the effects of antiplatelet therapy

Multiple novel prostate cancer susceptibility signals identified by fine-mapping of known risk loci among Europeans

Genome-wide association studies (GWAS) have identified numerous common prostate cancer (PrCa) susceptibility loci. We have fine-mapped 64 GWAS regions known at the conclusion of the iCOGS study using large-scale genotyping and imputation in 25 723 PrCa cases and 26 274 controls of European ancestry. We detected evidence for multiple independent signals at 16 regions, 12 of which contained additional newly identified significant associations. A single signal comprising a spectrum of correlated variation was observed at 39 regions; 35 of which are now described by a novel more significantly associated lead SNP, while the originally reported variant remained as the lead SNP only in 4 regions. We also confirmed two association signals in Europeans that had been previously reported only in East-Asian GWAS. Based on statistical evidence and linkage disequilibrium (LD) structure, we have curated and narrowed down the list of the most likely candidate causal variants for each region. Functional annotation using data from ENCODE filtered for PrCa cell lines and eQTL analysis demonstrated significant enrichment for overlap with bio-features within this set. By incorporating the novel risk variants identified here alongside the refined data for existing association signals, we estimate that these loci now explain ∼38.9% of the familial relative risk of PrCa, an 8.9% improvement over the previously reported GWAS tag SNPs. This suggests that a significant fraction of the heritability of PrCa may have been hidden during the discovery phase of GWAS, in particular due to the presence of multiple independent signals within the same regio

Trusts - Resulting and Constructive Trusts - Rights of Third-Party Donee to Enforce Oral Trust of Land

Plaintiff alleged that her husband, having paid the purchase price on land intended as a: gift for her, caused title to be taken in the name of defendant to hold as trustee. There was, however, no written evidence to support these contentions. Plaintiff further alleged that she took possession and made valuable permanent improvements on the land with the approval of both her husband and defendant. One year after the husband\u27s death and three years after plaintiff\u27s entrance, defendant filed suit for possession. In the present action to enjoin that suit and to establish her ownership, the lower court held that plaintiff failed to state a claim. On appeal, held, reversed, one judge dissenting. If plaintiff\u27s allegations are accepted as true, her complaint sets out facts upon which relief could be granted. Either a resulting trust or a constructive trust might be imposed in plaintiff\u27s behalf. Binz v. Helvetia Florida Enterprises, (Fla. App. 1958) 104 S. (2d) 124

Evidence - Character Testimony - Impeachment Through Reference to Prior Specific Acts of Defendant

Defendant, on trial for arson, presented a character witness who testified that defendant\u27s reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and out of the presence of the jury the actuality of the arrests or convictions, the time of their occurrence and their relevance to the question of reputation, and the failure of the trial judge properly to instruct the jury to limit its consideration of the prosecutor\u27s questions solely to the weight of the character testimony deprived defendant of a fair trial. People v. Dorrikas, 354 Mich. 303, 92 N.W. (2d) 305 (1958)