1,491 research outputs found

    FUTURE INTERESTS-SUSPENSION OF POWER OF ALIENATION-EFFECT OF TRUSTEE\u27S POWER TO SELL AND REINVEST

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    Testatrix\u27 will provided that the residue of her estate was to be held in trust for the benefit of her great-nephews and great-nieces. The income from the trust estate was to be paid to them each year and, when the youngest attained the age of fifty, the corpus was to be divided equally among them. Testatrix left two nephews surviving her. Held, the disposition was valid. There was an implied power in the trustee to sell and reinvest the trust corpus, and therefore, the trust did not violate the statutory prohibition against suspension of the absolute power of alienation. In re Walker\u27s Will, (Wis. 1950) 45 N.W. (2d) 94

    TAXATION-FEDERAL GIFT TAX-TRANSFERS MADE PURSUANT TO POSTNUPTIAL SEPARATION AGREEMENTS

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    Taxpayer and her husband entered into a property settlement whereby she agreed to make certain payments to him in return for his promise to relinquish all marital rights in her property. The agreement was not to become operative unless a divorce decree was entered in a then pending action, but it was further provided that the covenants in this agreement shall survive any decree of divorce which may be entered. The subsequent divorce decree approved the agreement and directed performance of its provisions. The Tax Court, which expunged the gift tax deficiency assessed by the Commissioner, was reversed by the Court of Appeals for the Second Circuit, which held the payments subject to the gift tax. On review under a writ of certiorari, held, reversed. The transfers were not founded upon a promise or agreement and therefore they need not meet the requirements of an adequate and full consideration in money or money\u27s worth. Four justices dissented. Harris v. Commissioner of Internal Revenue, 340 U.S. 106, 71 S.Ct. 181 (1950)

    FUTURE INTERESTS-CONTINGENT REMAINDERS-DESTRUCTIBILITY BY MERGER

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    X conveyed land to A for life, remainder to the heirs of A\u27s body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A\u27s claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228

    CONFLICT OF LAWS-DEATH BY WRONGFUL ACT-RECOVERY UNDER FOREIGN STATUTE

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    A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A\u27s death, A\u27s administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant\u27s motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death provided, that such action shall be brought for a death caused in this state. It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 Wis. 35, 42 N.W. (2d) 452 (1950)

    Choice, Cyber Charter Schools, and the Educational Marketplace for Rural School Districts

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    Pennsylvania is a state with significant proportions of students who attend rural schools, as well as students who attend charter schools. This study examines enrollment patterns of students in brick and mortar and cyber charter schools in Pennsylvania and how these enrollment patterns differ across geographic locale. We analyze student-level enrollment data, controlling for demographic characteristics, and find that, in contrast to brick and mortar schools, cyber charter schools attract students from a variety of locales across the urban-rural continuum. However, rural students exhibit the greatest likelihood of attending cyber charter schools. We discuss the implications of these findings in relation to educational equity, cyber charter school underperformance, and the fiscal impacts of charter schools on the budgets of small school districts

    Touchstone Stars: Highlights from the Cool Stars 18 Splinter Session

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    We present a summary of the splinter session on "touchstone stars" -- stars with directly measured parameters -- that was organized as part of the Cool Stars 18 conference. We discuss several methods to precisely determine cool star properties such as masses and radii from eclipsing binaries, and radii and effective temperatures from interferometry. We highlight recent results in identifying and measuring parameters for touchstone stars, and ongoing efforts to use touchstone stars to determine parameters for other stars. We conclude by comparing the results of touchstone stars with cool star models, noting some unusual patterns in the differences.Comment: Proceedings of the 18th Cambridge Workshop on Cool Stars, Stellar Systems, and the Sun, Eds G. van Belle & H. Harri
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