that the testator’s name be subscribed at the end of the will by some other person‚ in the testator’s presence and at his direction. In order to make a valid will‚ the testator must strictly comply with the provisions for formal execution. In this case there is no way of knowing that the decedent’s failure to sign was a mistake or not. DISPOSITION: The lower courts determination of invalidity is affirmed. COMMENTS: It is evident that the will was not signed by the decedent and in accordance
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the warrant. REASONING/RATIONALE: The Maryland Supreme Court found that the warrant did not authorize a search of Garrison’s apartment and the police had no justification for making a warrantless entry into his premises; however that was not the case. The US Supreme Court found that the police reasonably believed that they were searching McWebb’s apartment and it was a mistake. The warrant was executed in a reasonable manner‚ despite the mix up. The police acted in the best of their ability and
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silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule: No‚ because
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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scenario I will examine here is that of a high school guidance counselor. It is imperative not to interfere with parenting while providing support to the child. I will discuss the pros and cons of counseling minors and how to deal with problematic situations that may arise. Counseling minors can be a positive experience if handled correctly. Children of all ages need guidance and sometimes they are not able to fully obtain this in their home environment. However‚ a school guidance counselor will
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Maximizing Shareholder Value: The Role of the Financial Manager Today ’s business world shows a huge diversification in the shareholders of one company. In most countries‚ each investor only holds a very small fraction of issued shares by one corporation. This includes also the senior management. Determining the objectives of the firm is not necessarily a straightforward task because the typical firm will have many types of participants. Among these participants are shareholders‚ creditors
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Briefing the Case Assignment In the renowned Supreme Court Case of Jackson vs. Birmingham Board of Education‚ the rule of law was held to be that retaliating against a person because he has complained of being discriminated on the grounds of sex falls under a branch of intentional sex discrimination‚ which is encompassed by Title IX‚ Education Amendments of 1972. This was an important case with respect to intentional sex discrimination and never before had such principle of law been enunciated
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the purpose of the Griffin coming to the town in the first place anyway? | What is the motive for the Minor Canon to leave town and travel to the Dreadful Wilds? | What would be a result if the people would have been as nice as the Minor Canon to the Griffin? | Answer | The purpose of the Griffin’s arrival is because he wanted to see the statue of himself above the church’s door. | The Minor Canon doesn’t really have a motive to leave he is forced by the townspeople who don’t want to get eaten
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Abstract Maximizing shareholder wealth requires a decisive strategy and a well-developed plan. It allows an investor to consider financial statements and growth strategies in order to establish a course of action. Case in point‚ one major franchising international business bought a well-known global restaurant business. The risks and expected return by these two companies may affect its long-term future goals. A profitable electronics company may lose its primary supplier in a strategic takeover
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HELMER et al. v. RUMARSON TECHNOLOGIES‚ INC. (two cases) Court of Appeals of Georgia‚ 2000. 245 Ga. App. 598‚ 538 S.E.2d 504 FACTS Rumarson Technologies‚ Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24‚965 owed to it by Event Marketing‚ Inc. (EMI) when EMI’s check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI’s corporate account‚ and they signed the check. RTI argued that as signatories they could be held personally liable. The lower
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