...HEIRS TO AN ESTATE Recently you and you brother and sister inherited the estate of an aunt who lived in Chicago. All three of you loved your aunt, but even though you all lived in the same city, you had not kept in contact with her in recent years due to career and family obligations. Your aunt’s Last Will & Testament requires that the three of you divide the assets among you any way that you can agree upon within 30 days of her death. However, if you fail to provide her attorney with a written agreement within the 30 days, all of her assets will be given to a charity. The estate consists of the following: (1) about $320,000 in cash and CDs; (2) a 2004 Lincoln Town Car; (3) two houses valued at $360,000 and $ 525,000; (4) all of the furnishings of both houses; (5) an art collection valued at $250,000; (6) season tickets to the Chicago Cubs (behind the home dugout); (7) a large box containing many family photos and slides. The three of you are meeting in six days to try and negotiate a settlement of the estate. In preparation answer the following skills questions: Skill 2-1: Recognize that before next week’s meeting, preparation is critical to success, and usually includes identifying all tangible and intangible issues that will be of interest to all parties, and then prioritizing those issues, making sure to include some throwaway issues. What preparations do you need to make before the meeting? Skill 2-2: Should you propose the three...
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...HEIRS TO AN ESTATE Recently you and you brother and sister inherited the estate of an aunt who lived in Chicago. All three of you loved your aunt, but even though you all lived in the same city, you had not kept in contact with her in recent years due to career and family obligations. Your aunt’s Last Will & Testament requires that the three of you divide the assets among you any way that you can agree upon within 30 days of her death. However, if you fail to provide her attorney with a written agreement within the 30 days, all of her assets will be given to a charity. The estate consists of the following: (1) about $320,000 in cash and CDs; (2) a 2004 Lincoln Town Car; (3) two houses valued at $360,000 and $ 525,000; (4) all of the furnishings of both houses; (5) an art collection valued at $250,000; (6) season tickets to the Chicago Cubs (behind the home dugout); (7) a large box containing many family photos and slides. The three of you are meeting in six days to try and negotiate a settlement of the estate. In preparation answer the following skills questions: Skill 2-1: Recognize that before next week’s meeting, preparation is critical to success, and usually includes identifying all tangible and intangible issues that will be of interest to all parties, and then prioritizing those issues, making sure to include some throwaway issues. What preparations do you need to make before the meeting? Skill 2-2: Should you propose the three...
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...Section 23 of the Hindu Succession Act: Before and After The Hindu Succession Act came into force on 17th June, 1956, with the basic objective of providing a comprehensive scheme of intestate succession for Hindus. The Hindu Succession Act 1956 was amended in 2005. The amendments were made to make the Hindu Succession Act more empowering to women by altering, deleting and adding certain sections. The Hindu Succession (Amendment) Act, 2005 sought to make two major amendments in the Hindu Succession Act, 1956. First, it is proposed to remove the gender discrimination in section 6 of the original Act. Second, it proposed to omit section 23 of the original Act, which disentitles a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein. This paper focuses on the rights of women regarding section 23 of the Hindu Succession Act, 1956 and its effects after it got deleted in 2005. Hindu Succession Act, 1956: Before the amendment The framers of the Indian Constitution took note of the adverse condition of women in society and a number of provisions and safeguards were included in the Constitution to ward off gender inequality. In this context, Articles 14, 15(3) and 16 of the Constitution can be mentioned. After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act, 1956...
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...‘[Macbeth Aksar JanMacbeth Macbeth is a courageous Scottish general who is not naturally inclined to commit evil deeds. Yet he deeply desires power and advancement. He kills Duncan against his better judgment and afterwards stews in guilt and paranoia that there are others who will come next in heirs as he has no child to carry on the monach. Lady Macbeth, on the other hand, pursues her goals with greater determination, She spurs her husband mercilessly to kill Duncan and urges him to be strong in the murder's aftermath. But she is eventually driven to distraction by the effect of Macbeth's repeated bloodshed on her conscience. In each case, ambition-helped, of course, Prophecies of the witches is what drives the couple to ever more terrible atrocities. the problem, the play suggests, is the once decided to use violence to further one's quest for power, it is difficult to stop there are always potential threats to the throne. Quote 1 Third Witches: All hail, Macbeth, thou shalt be king hereafter! (A1.S111.L 51) The witches prediction that Macbeth will become monarch and that Banquo's heirs will be future kings sets the plot in motion. Up until this point, Macbeth doesn't seem to have kingly aspiration. Banquo was strong minded and laughed off the witches, but the witches spoke in riddles to Macbeth and told him very little. They addressed him as an upcoming king. This intrudged Macbeth. As we’ll find out that Macbeth had already had evil aspirations in his head. ...
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...Rome had three heirs, who were they, and what do you believe to be each ones most important achievement, and why? * The Western Christian Empire * The western Roman Empire was overrun by German barbarians in the 5th century, and this land would go on to become the Western Christian Empire. * They were a society consisting of farmers, herders, warriors, and a hereditary nobility. * It was Charlemagne, as king of this empire, that would help to create what I believe to be the greatest achievement of the Western Christian Empire. * Charlemagne made educational reforms to his empire that had resounding effects on the history of western Europe. * This included setting up grammar schools in each parish for the teaching of Latin, which had been made the lingua franca of his empire. By doing that, he was able to increase literacy amongst the common man and place a heavier emphasis on creating a more educated society. * Alcuin of York set up scriptoriums for the copying of Roman Classics. * This was extremely beneficial in conserving knowledge of the ancient world through into the modern day. This empire realized the importance not just of knowledge itself but of the preservation of said knowledge as well. * The medium used for writing during this time was an expensive one and very costly, difficult, and time consuming to make. It is for this reason that a new kind of handwriting was developed, called...
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...Living as a queen choosing between family and to dream is a very hard choice to make. Eadlyn Schreave the protagonist, fights this decision of the most valuable things in her life. The Heir is written by Kiera Cass, It's a love story tied up with a fantasy. Eadlyn is next in line to become the queen of illea. She is responsible, hardworking,and selfish at times. She has always been stuck in the palace and can't wait to earn her freedom. Eadlyn is very protective over the people of her kingdom, she loves her family, and isn't ready to find her dream king. Eadlyn wants to earn the trust and love of the people of her kingdom. She dislikes the idea of being a leader she thinks it's too hard and stressful, but there are factors that inspire her to take the position. The first one is many people think a women will not be a great leader, they think she will be weak and will do...
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...Exercise 1: HEIRS TO AN ESTATE Skill 2-1: Recognize that before next week’s meeting, preparation is critical to success, and usually includes identifying all tangible and intangible issues that will be of interest to all parties, and then prioritizing those issues, making sure to include some throwaway issues. What preparations do you need to make before the meeting? Preparation is first stage of negotiation process which starts with defining the key goals which means -what are the person’s expectations from the negotiation process? Also person involved in Negotiation process during preparation he should decide his or her BATNA- Best Alternative To a Negotiated Agreement. Identifying key issues in negotiation, setting priorities and developing support agreement for adopted position is also important parts of preparation before start negotiation with other party (Carrell, Heavrin, 2007). In order to perform an activity in a proper way we need to have some sort of preparation for it. Preparation is a key for a successful negotiation activity. For negotiation very first thing we need to understand is if there is anything to negotiate or not (If we were to sit down… (n.d.). For the preparation point of view before negotiations starts with my brother and sister I must have to look at the following things. BATNA Before the start of negotiation defining BATNA is important to make oneself in a strong position (Carrell, Heavrin, 2007). My BATNA would be to divide all the...
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...For the case of “Hair: Taking a Chinese Company Global”, the first takeaway is that in order to enter a foreign market, having licensing agreement and setting up joint ventures are the best things to do in order that the company could successfully imitate the practices. The second takeaway is that quality is not something that could ensure your supreme sustainability in the market. It may enable a company to charge premium price for a period of time, but no one could guarantee if the industry would impose any stringent regulations that could fundamentally weaken one’s competitive advantage like quality. However, Hair establishing a complicated distribution channel could be a wise strategy that successfully impose a tight barrier for foreign entry into its market. The third takeaway is that being the first-mover in localizing its products to cater the foreigner market could help Hair, a Chinese brand suffering from such deeply-rooted bad image of low-quality, succeed in the more-developed countries like the US where lots of giants are already occupying a significant amount of market share. For the case of “Responding to the Wii”, the most important takeaway is the concept of two-sided model and its pricing strategy. First, the presentation makes me realize that there are quite a number of real life examples belonging to the two-sided market like operating system, recruiting sites etc because there is an indirect network effect in which the increase in “consumer” (end-users/job...
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...Facts: Barry would like to transfer his property to his wife, Lucy to avoid being vulnerable to creditors. He would like his three heirs to equally inherit the property after his and his wife’s death. Issue: Can Barry convey his property to Lucy and still be assured that the children will obtain the intended interest? How should this be conveyed? What interests should he give to whom? What kind of remainder interests and tenancies should he give to the children? What type of deed is necessary for this conveyance? Rule: The Rule in Shelley’s Case states that a remainder interest cannot be created in the heirs of the holder of the present interest. The theory behind it is that a person should be able to decide what his or her own heirs will inherit and should not have that decision dictated by a grantor of property. The rule has been abolished in most states. The Doctrine of Worthier Title dictates that a grantor cannot create a remainder interest in his own heirs. The idea behind this rule is that a grantor should rather keep a reversion for himself and then distribute the property to his heirs through the normal inheritance methods. The Doctrine of Worthier Title has been abolished in some states, but still exists as law in many other states Analysis: Since Barry doesn’t want the property in his name due to his financial situation, following the Doctrine of Worthier Title idea of keeping the reversion for himself is not a sensible option. The Rule in Shelly’s Case has...
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...b) Do you agree with the view that the Break with Rome was brought about primarily by Henry’s desire for a male heir? Use sources 4, 5 & 6 and your own knowledge to explain your answer. The Break with Rome was brought about by a number of reasons, namely Henry’s desire for a male heir and thus the need to obtain a divorce, the role of the Anne Boleyn faction and their reformist influence and Henry’s desire for greater power and revenue. Source 4 disagrees with the question because it argues that the divorce, which did not necessarily have to go through Rome, and the reformist influence had an impact. Source 5 partly agrees with source 4 that the reformist faction did influence Henry, but also argues that Henry had no clear policy and ultimately Anne’s pregnancy pushed proceedings along, implying that a desire for a male heir underlay Henry’s motives, thus agreeing with the question. Source 6 disagrees with the question and the other two sources arguing that the Break with Rome was caused by Henry’s desire for more authority and power. Ultimately we shall see that all these factors contributed to the Break with Rome, indicating that it was not solely caused by Henry’s desire for a male heir, though it can be argued that it was the primary cause. There is evidence that the Break with Rome was caused by Henry’s desire for a male heir. As source 4 stated, “Henry VIII wanted a divorce” because his wife Catherine of Aragon had reached the menopause. This factor is also shown in...
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...Co. Ltd v. Bombay, (1958) SCR 1122. * Shafiq and Others v. Asstt. Director of Consolidation and Others, 2011(9)ADJ24. * Reshamlal Baswan vs Balwant Singh Jwalasingh Punjabi 1994 (0) MPLJ 446. * Ramcharan v. State of Rajasthan, AIR 2006 Raj 101. * Mohammed Arshad Chowdhry v. Sajida Banoo, (1878) IL 3 Cal. As a general rule, the transfer of title of property from ancestors to their offspring has been given recognition and enforced since time immemorial. It’s also a settled proposition that the law, decides on who to confer the right of succession in case of intestate property. Statutes of distribution, based on a host of grounds (primogeniture, a preference for males over females., etc.) prescribe the sequence in which a heir(s) succeeds to one who dies without a will. However, the doctrine of escheat acts as a caveat to the general rules of succession in cases where there can be found no legally eligible relatives who can inherit the property. In such cases, the doctrine stipulates that the property revert...
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...A. THE PRESENT ESTATES (1) Fee Simple Absolute • Future Estate: None • Language Creating FSA: (a) to “A and his heirs (b) to “A, his heirs and assigns” (c) to “A” • Duration: Unlimited • Transferability: By deed, will or intestacy • FSA is form of undivided ownership • It is unlimited in duration • Words of purchase: words of conveyance “A” • Words of limitations: words that describe or limit the estate which is transferred “to his hears”; also designate something less than FSA “to A for life” • The owner A can transfer himself does not need his hears to join him to convey • The statute usually provides that any conveyance will be presumed to pass entire estate (FSA) to the grantor unless the contrary intent is expressed in document Meaning of “words of purchase” • Does not necessary mean A bought the land it could be gift, inheritance etc Meaning of “heirs” • Has a technical meaning, descendents of a person who died intestate • Living person does not have heirs, can have presumptive heirs Meaning of “words of inheritance” • “and his heirs” are not only words of limitation but also words of inheritance • They describe inheritable estate which does not end with the holder’s death like in life estate • FSA holder has the largest estate know to law • The grantees enjoyment of the estate may be encumbered by interests in land by mortgage, private nuisance etc, government may restrict use of land in manner that would jeopardize health, safety...
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...Was Napoleon An Heir to the French Revolution? Of all the Events of European history, the French Revolution of 1789 is without doubt one of the most important and controversial. Similarly Napoleon Bonaparte has to be amongst the most written on and opinion dividing individuals world history has ever seen. Therefore the question as to weather Napoleon was an heir to the revolution, its saviour, hijacker, or simply consolidator is probably the most frequently asked question regarding the revolution and Napoleon. In this essay I will be attempting to answer the question of weather Napoleon was an heir to the French Revolution. This will involve me firstly exploring my definition of the term heir, and my views on the explanations and definitions of the French Revolution. Having done this I will then move on to examine the reign of Napoleon. By doing this I hope to prove my view that, whilst Napoleon may be considered an inevitable consequence of the revolution, he was not its heir. Get help with your essay In my opinion the word heir describes a person's or events natural successor. Therefore the term heir to the revolution would in my opinion be used to describe the next regime, which came to embody the principles and morals of the revolution. The revolution's heir must be the regime that follows on from were the revolution left France, and presides over, or creates the kind of society the revolutionaries of 1789 intended to. It is my belief that...
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...Session:2011-2016 FAMILY LAW “ Disqualification as to succession under Mitakshara law” Acknowledgement I am very thankful to everyone who all supported me for I have completed my project effectively and moreover on time. I am equally grateful to my criminal law faculty: Mr. S.s.. He gave me moral support and guided me in different matters regarding the topic. He had been very kind and patient while suggesting me the outlines of this project and correcting my doubts. I thank him for his overall supports. Last but not the least, I would like to thank my friends who helped me a lot in gathering different information, collecting data and guiding me from time to time in making this project despite of their busy schedules ,they gave me different ideas in making this project unique. Thanking you Contents ACKNOWLEDGEMENT 2 INTRODUCTION 3 The Hindu Succession Act: Divergence from tradition 4 PROVISIONS OF SUCCESSION UNDER HINDU SUCCESSION ACT 5 LAWS OF DISQUALIFICATIONS 7 SUGGESTIONS : 13 CONCLUSION 14 BIBLIOGRAPHY 15 Introduction Succession under Hindu Law ‘Succession’ implies the act of succeeding or following. It implies the transmission or passing of rights from one to another. In every system of law provision has to be made...
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...brevity) is entered into BY and BETWEEN: JAIME C. REYES, JR. , MARISSA REYES-ARREOLA, JOCELYN REYES-NATIVIDAD and ENRICO REYES, compulsory heirs of the late JAIME S. REYES, SR., all of legal ages, Filipinos, with postal address at Block 3 Lot 18 Raspberry St. Ruby Park , Victoria Homes, Muntinlupa City hereinafter referred to as the ASSIGNORS; -AND- PAOLO P. REYES, of legal age, Filipino and with postal address at No. 33 Kalipayan St. Homes, Muntinlupa City hereinafter referred to as the ASSIGNEE: -WITNESSETH- That the late JAIME S. REYES, SR. is the registered Majority stockholder owning P 1,300 shares out of the 2,000 subscribed capital stock of EEI valued of Php 100.00 per share, who passed away on 27 October 2004 in Quezon City, without leaving any last will and/or testament; THAT the ASSIGNORS are the compulsory HEIRS of the decedent and that to the best of their knowledge, the deceased have no debts nor liability to any person, at the time of his demise; THAT...
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