Cook V. Equitable Life Assurance Society | Endemic Bird Day 2019- Answers To Crossword Puzzle

July 5, 2024, 7:24 am

1 Appellants suggest that the trial court made its decision based upon appellee's argument that the clause also contained an exception that controlled the instant dispute: "with the exception of disputes involving the insurance business of any member which is also an insurance company․". The standard is an objective one. But the mere fact that an individual was the owner of one of those policies in force at the termination of the tontine period would give him a right of action and a right to demand this proof from the defendant. Siddall v. Keating, 185 N. 2d 630, 633-34 (N. App. In Frost, the SJC ruled that the assignment of a life insurance policy to "the trustees to be named in my will" was invalid as testamentary. Co., 50 N. The equitable life assurance company. 610; People v. Security Life Ins. 94, 25 N. 151; Hoess v. Continental Assurance Co., (1960) 130 Ind. Mr. CHIEF JUSTICE HERSHEY, concurring in part and dissenting in part: I concur in a reversal based on undue restriction of proof of value, but I also believe the trial court erred in refusing evidence in support of the cross petition. Cook v. Equitable Life Assurance Society. Appellant Mackey was Cooke's immediate supervisor.

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See May 30 Order at 1. It is elementary that a mere intention on the part of the owner to put properties to a common use is not sufficient to allow a cross petition in a condemnation action, but such properties must be considered as they existed at the time the proceedings were commenced, (White v. ;, ) and whether or not the cross petition is proper is a question of law which must be decided by the court. Cook v. equitable life assurance society conference. In the White case, the owners' sole contention was that "both tracts (the one north and the one south of Tilden Street) were purchased with the intention of using the same together as one property and one plant for a polytechnic institute. " 12, 1985) (the April 12 Order). The complainant's contention, as above stated, that there is such a trust in the fund mentioned, has never been regarded as the law in the state of New York" (citing New York cases) "nor anywhere else so far as any case has been cited on the subject.

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Sandra's third effort to defeat the designations raises an interpretative question. Presented to us, then, is the question of the consequence of failing to appeal an order "within the time and to the same extent as an appeal from a final order of court in a civil action. " Tracts physically separated from one another frequently, but we cannot say always, are not and cannot be operated as a unit, and the greater the distance between them the less is the possibility of unitary operation, but separation still remains an evidentiary, not an operative fact, that is, a subsidiary fact bearing upon but not necessarily determinative of the ultimate fact upon the answer to which the question at issue hinges. Other jurisdictions use a statutory approach when considering the inclusion of goodwill as an asset. J., page 594; Perkins v. 425. Any such finding would be based upon a failure to comprehend the fact that the court had granted a nonsuit as to the termination issue. In the main, Sandra's guns were trained on the two 70% shares. ARTICLE III: I hereby declare the above named Trustee shall have absolute control of my entire estate and shall have the power to use, or dispose of any or all of my estate for the use of my children as said Trustee may deem necessary for the duration of the Trust. The judgments below are affirmed, save only for the summary judgment in plaintiff's favor on the first counterclaim. Since it is quite evident that property which can produce no income has but little value, more facts were needed to explain this apparent inconsistency. Scottish equitable life assurance policy. 25, this question was finally disposed of. The court found that the law firm deemed goodwill to be of no value based upon the express language of the White & Case partnership agreement as well as the partnership's course of dealing,.

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We scrutinize the ruling. The certificate provided that Taylor could change the named beneficiary by following certain procedures. See Legro v. Kelley, 311 Mass. 10 Gray) 609, 611 (1858) (letter contract created trust); Arms v. Ashley, 21 Mass. You have a valid will and a valid insurance policy, the beneficiary. Appellant received this sum on or about April 12, 1985, in pursuance of the April 12 Order--but that payment did not necessarily wipe the slate clean. Manfred was killed in a traffic accident. Equitable gained nothing for itself, because it paid the 30% share into court. Insurance policy with Equitable Life and named his wife Doris as the. The record reflects (1) an absence of adverse claims to the 30% share, and (2) no cognizable basis for considering a surcharge against it. The matter, however, does not end on this note.

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The fact that the district court, after due deliberation, awarded the 70% shares to Merle seems irrefutable evidence that the trustee's claims, whether or not successful on appeal, are far from frivolous. See, e. g., Home Indemnity Co. v. Moore, 499 F. 2d 1202, 1205 (8th Cir. Particularly instructive for our purposes is a turn-of-the-century case, Kendrick v. Ray, 173 Mass. The complainant alleged that this so-called surplus of the defendant belongs entirely to the policy holders, after making certain deductions, and the defendant holds it, or at any rate a large portion of it, in trust for them, and that such is the proper construction of the charter and the policy; and he also avers that defendant has not distributed it from time to time to the policy holders, as intended by the charter and the policy. Doris Argument: While strict compliance with a policy's terms are not needed where the insured did everything he could to effect the change, Douglas did not do everything he could. A claim with Equitable for the money from the policy. 1966) (interpleader statute designed not only to protect stakeholders from multiple liability but also to save them from expense of multiple litigation). 1) Two or more adverse claimants, of diverse citizenship... are claiming or may claim to be entitled to... any one or more of the benefits arising by virtue of any... policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited... the amount due under such obligation into the registry of the court, there to abide the judgment of the court.... 28 U. The employee was given the right to name the beneficiaries. 80-2586-N ( May 31, 1988) (). But Frost is distinguishable in a crucial respect: no will existed at the time the designation was made, the purported assignees being trustees "to be named" in some future will. And the challenged sentence has a plausible purpose exactly as written: it covers situations in which there might literally have been no will when Manfred died--for example, if the Will had been destroyed or could not be found. Notwithstanding the ineffectiveness of the Will as a testamentary vehicle, the trust alluded to in the beneficiary designations may stand.

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If the executors or administrators of the Insured be not expressly designated as beneficiary, any part of the proceeds of this policy with respect to which there is no designated beneficiary living at the death of the Insured and no assignee entitled thereto, will be payable in a single sum to the children of the Insured who survive the Insured, in equal shares, or should none survive, then to the Insured's executors or administrators. Equitable's duty was clear--and it was transgressed. A communication written on a proper occasion under proper motive for a proper purpose in a proper manner and based upon reasonable cause is privilege. We cannot say, then, that viewing the charge as a whole, the trial court erred in explaining the law. 512, 514, 98 N. 573 (1912); cf.

Questions of this nature can not be decided in a vacuum. In that case the Kentucky court departed from and ignored the numerous well-considered cases in which it had been held that the trust relation did not exist. The record discloses that the petitioner's expert witnesses testified that the property's highest and best use was for a free parking lot and that in arriving at this conclusion, and also that of value, they considered such factors as location, sales of similar properties, and parking needs in this locality.

When there are competing demands on the use of our natural resources, we need to make wise decisions. We were overwhelmed by record number of participants and want to thank every single one of you for your participation and time. Two 'rules' signs also notify visitors about appropriate behavior in the area. Birders record of spotted species crossword club de football. Showing people the benefits of managing and protecting habitats is the best way to ensure the long-term health of bird populations and the habitats on which they depend. Details from hotographs of the Maine fork-tail indicate it belonged to this southernmost subspecies. If one of these austral migrants migrates in the diametrically opposite direction, it would find itself in North America. Eleven students and two teachers from the Stephanie Browne Primary School participated.

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Congratulations to Prabhudatta Bal, Sandhya Lenka, Radhika Rajan, Udiyaman Shukla, Bharati Chaturvedi, Tanweer Alam, Regin Ross, Malyasri Bhattacharya, Sheena S, Steffin Babu, Swetashree Purohit, Shuvendu Das, Omkar Dharwadkar, Rajneesh Suvarna, Madhavi Raj, Garima Bhatia, Jessu Paul, Shaurya Rahul Narlanka, Chirag Munje, Jobin Varughese, Rutuja Dhamale, Hemanya Radadia, Vidhya Swaminathan, Vidhya Sundar, Subhadra Devi, Deepa Mohan and an Anonymous birder for getting all the clues correct! During the project we carried out 9 CWC surveys across Ashton Lagoon and Belmont Salt Pond, making visits twice a month. Birding: Rare fork-tailed flycatcher spotted in Falmouth - Portland. Now that the project is over we plan to continue to monitor the birds at both sites using CWC surveys. Here you can see Whimbrels, Willets, Blue-winged Teal, Greater and Lesser Yellowlegs, Mangrove Cuckoo, and even the American Flamingo on occasion. A spinal condition thought to be caused by carrying heavy loads is actually a function of age, a new study finds.

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He welcomes reader comments and questions at. SusGren believes that some areas are so special that they need to be protected – no ifs, ands, or buts!!!! When humans feel anxious, their dogs do too, according to new study. For other birds, the Salt Pond is 'home' all year round. Birders record of spotted species crossword clue word. The tail of a fork-tailed flycatcher is like the tail of a barn swallow on steroids. With this rich history and biodiversity and the salt pond threatened by human activities, SusGren decided to enhance the area for enjoyment by locals and visitors alike. Continued CWC Monitoring. This would help ensure the protection of the area's biodiversity and would increase ecotourism opportunities in Union Island, following our successful restoration of nearby Ashton Lagoon 2 years ago. Thank you to everyone who participated in our Crossword Quiz this year! We worked with BirdsCaribbean to design signs that included land birds, wetland birds, and shorebirds likely to be seen at each of the sites. From building observation platforms at vital wetlands, to garbage clean-ups and installing information signs, to training locals to identify and help monitor birds, Kristy describes the amazing and inspiring range of work carried out by her organization, local partners – and of course, the local community!

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We hope you all learned from it and enjoyed participating in it as much as we enjoyed creating the crossword! Please see the answers to the crossword clues! The tree frog's nose alternately sticks out straight or droops downward—much like a certain fictional wooden puppet. But how do we achieve this? Birders record of spotted species crossword clue 2. Ornithologists recognize four subspecies of fork-tailed flycatchers. A total of 6 bags of trash was collected. Different species use different sets of clues to guide them on their way: celestial maps, the earth's magnetic field, the position of the sun and geographic features. Mission accomplished?

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We made phone calls and delivered letters with updates on our projects. Wolves don't have the muscle to make that classic wide-eyed gaze, suggesting strong evolutionary pressures were at play in our pooches. In flight, the tail feathers spread to make the distinctive fork. So…what's so special about Belmont Salt Pond? The hallmark of the species is the fantastic tail. Sometimes we need to educate our local citizens about the immense value of these areas to people and wildlife, and to get them actively involved in their conservation. During an Attitude and Perception survey interview done with residents on the island, persons expressed excitement and satisfaction with the new development. In November of 1977, a streaked flycatcher showed up at Biddeford Pool. To reduce the problem of litter, we installed attractive garbage receptacles at both Belmont Salt Pond and Ashton Lagoon. It's a hands-on approach with community partners. But due to the pandemic and schools closing, we used radio and social media platforms to engage the community and key stakeholders. News of the sighting went viral, and dozens of birders got to see the impressive bird.

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In September, it would normally be time for them to migrate south into southern South America to breed. That is why we see an initial pulse of adult shorebirds in fall migration, followed a month or so later by a pulse of juveniles. By swapping beef for a poultry-based product just once a day, an individual can reduce their dietary carbon footprint by around 48 percent. The children also enjoyed activities in the classroom, such as learning about the Parts of a Bird, bird games, and bird arts and crafts. SusGren's Program Director, Orisha Joseph and I gave a presentation and discussed our activities with the radio host. It was initially identified as a sulphur-bellied flycatcher, a tropical species that gets as far north as southern Arizona. Females and young birds have less ostentatious forked tails.

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Migratory birds use Belmont as a place to rest and feed. For instance, most breeding shorebirds on the Arctic tundra depart on their fall migration two to four weeks before their young are capable of long-distance flight. So at Susgren we decided to carry out a project in partnership with members of the community, to ensure that such behavior is reduced and eventually eliminated. The bird at Gilsland Farm had to resort to fruit eating some of the time because of the morning fog that kept insects from flying. The bright green receptacles are adorned with images of the various birds one can see in the area. North Ronaldsay is looking to hire a warden to rebuild the dike that has long kept its sheep on the coastline. Alas, it was last seen here on Sept. 19. Remarkably, these navigational abilities are frequently genetically encoded. Moreover, there are now three 4 x 6 billboard signs installed at Belmont Salt Pond that explain the history of the area and its cultural and environmental importance. Through this project (with matched funding from the SVG Conservation Fund) we also developed a booklet entitled "Birds of Belmont Salt Pond. " Our hope is that this will help build local pride and community ownership and encourage people to dispose of their garbage in a responsible way.

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Here at SusGren, we have taken the initiative to support birds and protect the places they live through two projects – both completed during the pandemic of 2020! Powered by PuzzleMe. When insects are not flying, the birds make do with berries and other fruit. One noted interviewee was Benjamin Wilson, a Tobago Cays Park Ranger.

They held massive cleaning up sessions at the Belmont Salt Pond on May 7th and May 13th, 2020. The adhesive offers both impressive strength and reusability, avoiding the problems posed by strong but irreversible glues and vice versa. We found different ways of reaching out to our stakeholders and the general public. These surveys help us to keep track of which birds are using these sites, while keeping an eye out for any changes or threats to the habitats. The celebration involved a birding walk with Bird Bingo and a Bird Identification tour along the Ashton Lagoon Trail. Sometimes, birds get confused and undertake a reverse migration. Finally, we had a hugely successful radio interview and webinar with the show, "Conversation Tree" on Radio Grenadines. The booklet includes notes from SusGren's directors, information on the project's team, a brief history of the Belmont Salt Pond, photographs of resident and migratory birds found there, and a full checklist and space for taking notes while bird watching and monitoring.

Relative to body size, the tail of a fork-tailed flycatcher is the longest of any bird, two to three times its body length. Yes, for that phase, which is a first step in the right direction towards bird and habitat conservation. Find out how this happens from Kristy Shortte, a Program Officer at the NGO 'Sustainable Grenadines, ' on Union Island in St. Vincent and the Grenadines. Crystals in the enamel and an unusual interior structure render the giant teeth invisible, making the fish one of the deep seas's most fearsome hunters. Researchers spent years trying to trace the source of the rhythmic, gunshot pattern to the endangered whale species.

Three hundred people tallied up the number of bushy-tailed residents over the course of 11 days last October. A total of 30 bags of trash was collected during the first session, and 40 additional bags of trash were picked up at the second cleanup around the edges of the pond. Bird Identification Training Workshop—"Conserving Caribbean Shorebirds and their Habitats". The local solid waste management company ''Uni Clean' assists with the weekly disposal of trash from these areas. Since the installation of 4 bins at each location, we are gratified to see that people are using them. Thank you again all of you and hope to see you in future events and competitions. Send questions/comments to the editors. How did the community respond to our work?

We know that birds have remarkable abilities to navigate. Due to a lack of community knowledge of the importance of the area, it was being used for the burning of charcoal and dumping garbage. The workshop was facilitated by Lystra Culzac, who is the Founder and Manager of Science Initiative for Environmental Conservation and Education (SCIENCE) and graduate of our Conserving Caribbean Shorebirds and their Habitats Training Workshop in 2019 (as is Kristy! Taking a community-based approach. Nearly half of breed behavioral differences can be attributed to hereditary factors.

At Ashton Lagoon, one sign also provides visitors with knowledge about the marine and terrestrial species of animals found in the area. Reversal of its navigational cues could explain its appearance in Maine. Thirty copies were printed and distributed to key stakeholders in the community and other organizations in St. We hope this will be a great resource for visitors. Reverse migration has been used to explain one of the most remarkable vagrants in Maine. We weren't finished yet! I marvel at the ability of these juvenile shorebirds to migrate long distances to a wintering area they have never known. I think the timing of fork-tailed flycatcher vagrancy offers some insight into the reasons for its appearance in such a far-flung places.

Circling vultures bring attention to poachers, so the scavengers were likely poisoned by illegal hunters hoping to evade detection.