Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P34 pdf

A sample letters testamentary (continued). Letters Testamentary 9. There are no other persons interested in this proceeding other than those hereinbefore mentioned. WHEREFORE, your petitioner respectfully prays that: [Check and complete all relief requested] ( ) a. process issue to all necessary parties to show cause why letters should not be issued as requested; ( ) b. an order be granted dispensing with service of process upon those persons named in paragraph (7) who have a right to letters prior or equal to that of the person nominated, and who are non-domiciliaries or whose names or whereabouts are unknown and cannot be ascertained; ( ) c. a decree award Letters of: [ ] Administration to_______________________________________________________________________________ [ ] Limited Administration to_________________________________________________________________________ [ ] Administration with Limitation to ___________________________________________________________________ [ ] Temporary Administration to ______________________________________________________________________ or to such other person or persons having a prior right as may be entitled thereto, and; ( ) d. That the authority of the representative under the foregoing Letters be limited with respect to the prosecution or enforcement of a cause of action on behalf of the estate, as follows: the administrator(s) may not enforce a judgement or receive any funds without further order of the Surrogate. ( ) e. That the authority of the representative under the foregoing Letters be limited as follows: ( ) f. [State any other relief requested.] Dated: _______________________________________________ 1. ___________________________________________________ 2. _________________________________________________ _____________________________________________________ __________________________________________________ _ (Signature of Petitioner) (Signature of Petitioner) (Print Name) (Print Name) A-1 (12/98) GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 318 LETTERS TESTAMENTARY Letters Testamentary STATE OF NEW YORK ) ) SS: COUNTY OF ) COMBINED VERIFICATION, OATH AND DESIGNATION [For use when petitioner is to be appointed administrator] I, the undersigned the petitioner named in the foregoing petition, being duly sworn, say: 1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. 2. OATH OF ADMINISTRATOR as indicated above: I am over eighteen (18) years of age and a citizen of the United States; and I will well, faithfully and honestly discharge the duties of Administrator of the goods, chattels and credits of said decedent according to law. I am not ineligible to receive letters and will duly account for all moneys and other property that will come into my hands. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I do hereby designate the Clerk of the Surrogate's Court of ___________________________________ County, and his/her successor in office, as a person on whom service of any process, issuing from such Surrogate's Court may be made in like manner and with like effect as if it were served personally upon me, whenever I cannot be found and served within the State of New York after due diligence used. My domicile is:_________________________________________________________________________________________________ ___________________________________________________ On the ________________ day of _____________________________________ , 20______ , before me personally came _____________________________________________________________________________________________________________ _ to me known to be the person described in and who executed the foregoing instrument. Such person duly swore to such instrument before me and duly acknowledged that he/she executed the same. __________________________________________________ Notary Public Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: ____________________________________________________________________________________________ Print Name: ____________________________________________________________________________________________________ Firm Name: _______________________________________________________ Tel. No. ______________________________________ Address of Attorne y : _____________________________________________________________________________________________ Signature of Petitioner (Street/Number) (City, Village/Town) (State) (Zip) A sample letters testamentary (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LETTERS TESTAMENTARY 319 A sample letters testamentary (continued). Letters Testamentary SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________________________ X PROCEEDING FOR Estate of a/k/a __________________________________________ X File # _________________________________________________ SCHEDULE A NONMARITAL PERSONS (PERSONS BORN OUT OF WEDLOCK) DECEASED [NOTE: Nonmarital children (or their issue) who would be distributees if they (or their ancestors) were born in wedlock will not be regarded as distributees unless satisfactory proof is submitted establishing paternity]. See EPTL 4-1.2 which sets forth methods of establishing paternity. Name of alleged distributee: _______________________________________________________________________________________ Date of birth: ____________________________________________ Relationship to decedent: _______________________________ Name of father: _________________________________________________________________________________________________ Name of mother: ________________________________________________________________________________________________ Does the birth certificate contain the father's name? Yes [ ] No [ ] If yes, attach copy of birth certificate. Has an order of filiation establishing paternity been entered? [ ] Yes No [ ] If yes, attach copy of order. Did the nonmarital person live with his or her father? Yes [ ] No [ ] If yes, give dates and places of residence: _________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 320 LETTERS TESTAMENTARY Letters Testamentary SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________________________ X PROCEEDING FOR Estate of a/k/a __________________________________________ X File # _________________________________________________ SCHEDULE B ISSUE OF THE DECEDENT WHO WERE THE SUBJECT OF AN ADOPTION DECEASED Name of child: ______________________________________________________________________________________________ Relationship to decedent prior to adoption: ________________________________________________________________________ Date of adoption: ____________________________________________________________________________________________ Was this a step-parent adoption? (i.e., was the child adopted by the spouse of the decedent's former spouse?) Yes [ ] No [ ] If yes, name of adoptive father or mother: _________________________________________________________________________ If not a step-parent adoption, indicate below the biological relationship of the adoptive parent to the child: [ ] grandparent(s) [ ] brother or sister [ ] aunt or uncle [ ] first cousin [ ] nephew or niece Name of the ado p tive p arent: _______________________________________________________________________________________ A sample letters testamentary (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LETTERS TESTAMENTARY 321 A sample letters testamentary (continued). Letters Testamentary SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________________________ X PROCEEDING FOR Estate of a/k/a __________________________________________ X File # _________________________________________________ SCHEDULE C INFANTS DECEASED [NOTE: Please furnish all of the information requested, otherwise the petition may be rejected.] Name:___________________________________________________ Date of birth: _________________________________________ Relationship to the decedent: ______________________________________________________________________________________ With whom does the infant reside? __________________________________________________________________________________ Name of mother: __________________________________________ Is she alive? _________________________________________ Name of father: ___________________________________________ Is he alive? __________________________________________ Does infant have a court-appointed guardian? Yes [ ] No [ ] If yes, name and address of guardian: ____________________________________________________________________________ ______________________________________________________________________________________________________________ Name: ___________________________________________________ Date of birth: ________________________________________ Relationship to the decedent: ______________________________________________________________________________________ With whom does the infant reside? __________________________________________________________________________________ Name of mother: __________________________________________ Is she alive? _________________________________________ Name of father: ___________________________________________ Is he alive? __________________________________________ Does infant have a court-appointed guardian? Yes [ ] No [ ] If yes, name and address of guardian: ____________________________________________________________________________ ______________________________________________________________________________________________________________ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 322 LETTERS TESTAMENTARY Letters Testamentary SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________________________ X PROCEEDING FOR Estate of a/k/a __________________________________________ X File # _________________________________________________ SCHEDULE D PERSONS UNDER DISABILITY OTHER THAN INFANTS DECEASED 1. Name: ___________________________________________________________ Relationship: ____________________________ Residence: _________________________________________________________________________________________________ With whom does this person reside? _____________________________________________________________________________ If this person is in prison, name of prison: ________________________________________________________________________ Does this person have a court-appointed fiduciary? Yes [ ] No [ ] If yes, give name, title and address: __________________________________________________________________________ ______________________________________________________________________________________________________ If no, describe nature of disability: ___________________________________________________________________________ ______________________________________________________________________________________________________ If no, give name and address of relative or friend interested in his or her welfare: _______________________________________ ______________________________________________________________________________________________________ 2. Whereabouts unknown/Unknowns [persons whose addresses or names are unknown to petitioner; if known, give name and relationship to decedent] [use additional sheets if more than one] A sample letters testamentary (continued). ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION LETTERS TESTAMENTARY 323 LEVERAGE A method of financing an investment by which an investor pays only a small percentage of the purchase price in cash, with the balance supplemented by borrowed funds, in order to generate a greater rate of return than would be produced by paying primarily cash for the investment; the economic benefit gained by such financing. Real estate syndicates and promoters com- monly use leverage financing. A leveraged investor builds up equity or ownership in the investment by making payments on the amount of principal borrowed from a third person. The money allotted to the repayment of interest charged on the borrowed principal is treated typically as a deduction that reduces TAXABLE INCOME. The greater the amount of principal borrowed, the larger the interest payments and the resulting deductions. Obvi- ously, a taxpayer who pays cash is not entitled to deductions for interest payments. In many cases, deductions for the depreciatio n of thecapital asset constituting the investment are also permitted. Any investor receives an anticipated rate of return from the investment although the rate may fluctuate depending upon the economic climate and the management of the invest- ment. Because of the favorable tax treatment enjoyed as a result of this method of financing, the leveraged investor keeps more of the income generated by the investment than an investor who financed the investment mainly through cash. There is, however, risk involved in leverage financing. If the income generated by the investment decreases, there might not be adequate funds available to meet payment of the outstanding principal and interest, leading to substantial losses f or the investor. v LEVI, EDWARD HIRSCH Edward Hirsch Levi served as U.S. attorney general from 1975 to 1976. A prominent and respected lawyer, scholar, and teacher, Levi became attorney general following the WATER- GATE scandals and the resignation of President RICHARD M. NIXON. Levi helped to restore respect and public confidence in the JUSTICE DEPARTMENT, which had become deeply politicized during the Nixon administration. Levi was born June 26, 1911, in Chicago. He graduated from the University of Chic ago in 1932 and earned a law degree there in 1935. He was a Sterling Fellow at Yale University in 1935 and 1936, and received a degree of Doctor of Juristic Science (J.S.D.) from Yale in 1938. Levi was named an assistant professor of law at the University of Chicago in 193 6, the year he was admitted to the Illinois bar. From 1940 to 1945, he took a leave of absence from the university to serve as a special assistant to the U.S. attorney general. During that period, he served in the Anti- trust and War Divisions and was chairman of the Interdepartmental Committee on Monop- oliesandCartels.Histimeingovernment service help ed to make him an expert on ANTITRUST LAW. Levi re turned to the University of Chicago Law School in 1945 as a professor. In 1949 he published Introduction to Legal Reasoning, a classic work of legal education ▼▼ ▼▼ Edward Hirsch Levi 1911–2000 19501950 19751975 20002000 19251925 ❖ ◆ 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1911 Born, Chicago, Ill. ◆ ❖ ◆ 1914–18 World War I ◆ ◆ ◆ ◆ 1935 Earned J.D. from University of Chicago 1936 Joined University of Chicago Law School faculty 1940–45 Served as special assistant to U.S. attorney general in the Justice Department's Antitrust and War Divisions 1945 Returned to University of Chicago as a professor 1949 Introduction to Legal Reasoning published 1946 Helped draft Atomic Energy Act 1969 Point of View: Talks on Education published 1975–76 Served as U.S.attorney general 1968–75 Served as president of University of Chicago 1985 Retired and appointed professor emeritus of University of Chicago 2000 Died, Chicago, Ill. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 324 LEVERAGE that has been used by thousands of students. He was named dean of the law school in 1950 and provost of the university in 1962, and was appointed presiden t of the university in 1968. During those years, Levi remained an active participant in government. He was an adviser and counsel to the Federation of Atomic Scientists and in 1946 helped draft the Atomic Energy Act (60 Stat. 755 [42 U.S.C.A. §§ 2011 et seq.]), which led to the establi shment of the Atomic Energy Commiss ion. In 1950 he was appointed chief counsel to the Subcommittee on Monopoly Power of the House Judiciary Committee. In that position, he conducted hearings on monopolistic practices in the steel and newsprint industries. During the adminis- tration of President LYNDON B. JOHNSON, Levi was a member of the White House Central Group on Domestic Affairs and of the White House Task Force on Education. In February 1975 President GERALD R. FORD appointed Levi as attorney ge neral of the United States. Ford had assumed the presidency after Nixon’s resignation on August 9, 1974, in the wake of the WATERGATE scandal. The scandal initially revolved around Nixon’s role in cover- ing up a break-in and electronic bugging of Democratic National Committee headquarters in the Watergate office building complex in Washington, D.C. But investigations soon revealed that Nixon had used the FEDERAL BUREAU OF INVESTIGATION (FBI), INTERNAL REVENUE SERVICE, and CENTRAL INTELLIGENCE AGENCY to pursue his political enemies. During that period, the DEPARTMENT OF JUSTICE came under heavy attack. It appeared that the department either w as aiding in the cover-up or that it was incompe- tent in pursuing the truth. The appointment of Levi restored confi- dence in the department. Because of his impeccable credentials and lack of partisanship, Levi was able to restore morale to the shaken organization and to institute internal reforms that might prevent future scandals. He did this, in part, by issuing policies that restricted the FBI’s ability to be exploited for political investigations. Following JIMMY CARTER’S defeat of Ford in the 1976 presidential election, Levi returned to the University of Chicago as a professor of law. He retired from full-time teaching in 1985 and was appointed professor emeritus. Levi died on March 7, 2000 in Chicago. FURTHER READINGS “Edward Hirsch Levi.” 2009. Attorneys General of the U.S., 1789–Present. U.S. Department of Justice. Available online at http://www.usdoj.gov/ag/aghistory/levi_e. html; website home page: http://www.usdoj.gov (accessed September 6, 2009). “The Legacy of Edward Levi; Legendary Former AG Helped Restore Justice Department’s Credibility after Water- gate.” 2000. Legal Times 23 (March 13). Sonnenschein, Hugo F. 2000. “In Memoriam: Edward H. Levi (1912–2000).” Univ. of Chicago Law Review 67 (fall). LEVY To assess; raise; execute; exact; tax; collect; gather; take up; seize. Thus, to levy a tax; to levy a NUISANCE; to levy a fine; to levy war; to levy an execution, i.e., to levy or collect a sum of money on an execution. A seizure. The obtaining of money by legal process through seizure and sale of property; the raising of the money for which an execution has been issued. A sheriff or other officer of the law can be ordered by a court to make a levy against any property not entitled to an exemption. The Edward H. Levi. AP IMAGES THE BASIC PATTERN OF LEGAL REASONING IS REASONING BY EXAMPLE … IN WHICH A PROPOSI- TION DESCRIPTIVE IN THE FIRST CASE IS MADE INTO A RULE OF LAW AND THEN APPLIED TO A NEXT SIMILAR SITUATION . A METHOD … NECESSARY FOR THE LAW , BUT [WITH ] CHARACTERISTICS WHICH UNDER OTHER CIRCUMSTANCES MIGHT BE CONSID- ERED IMPERFECTIONS . —EDWARD H. LEVI GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEVY 325 court can do this with an order of attachment, by which the court takes custody of the property during pending litigation, or by execution, the process used to enforce a judgment. The order directs the sheriff to take and safely keep all non-exempt property of the defendant found within the county or as much property as is necessary to satisfy the plaintiff’s demand plus costs and expenses. The order also directs the sheriff to make a written statement of efforts and to return it to the clerk of the court where the action is pending. This report, called a return, lists all the property seized and the date of seizure. The sheriff’s act in taking custody of the defendant’s property is the levy. A levy on real property is generally accomplished by giving the defendant and the general public notice that the defendant’s property has been encumbered by the court order. This can be done by filing a notice with the clerk who keeps real estate mortgages and deeds recorded with the county. Alevyoftangible PERSONAL PROPERTY usually requires actual seizure. If the goods are capable of being moved around, most states insist that the sheriff actually take them into custody or remove them to another place for safekeeping with an independent person. If the property is bulky or cumbersome and removal would be impracticable and expensive, actual seizure is not necessary. The levy can be accomplished by removing an essential piece, such as the pinsetter in a bowling alley, or by services of the court demanding preservation of the property. The order can be served on the defendant or anyone else in possession of the property, and disobedi- ence of it then can be punished as a contempt of court. Often the order will permit levy against any property belonging to the defendant, but it will specify seizure of a unique item and allow something else of comparable value to be substituted only if the unusual item cannot be found. An attempt to attach a debtor’s property is effective only after a levy, and from that time on there is a lien on the attached property. This gives the plaintiff some security that he or she will be able to collect what is owed and, if first in time, establishes the plaintiff’spriorityat the he ad of the line of the defendant’s creditors who might subsequently seek a levy upon a debtor’s property. It can strengthen the plaintiff’s bargaining position if the plaintiff is trying to settle the dispute with the defendant, and it may even create jurisdiction for the court over the defendant, but only to theextentofthevalueofthepropertysubject to levy. LEWDNESS Behavior that is deemed morally impure or unacceptable in a sexual sense; open and public indecency tending to corrupt the morals of the community; gross or wanton indecency in sexual relations. An important element of lewdness is openness. Lewdness is sometimes used inter- changeably with LICENTIOUSNESS or LASCIVIOUSNESS, which both relate to debauchery and MORAL TURPITUDE . It is a specific offense in certain state statutes and is included in general provisions in others. v LEWIS, JOHN ROBERT John Robert Lewis first achieved national attention while he was cha irman of the STUDENT NONVIOLENT COORDINATING COMMIT TEE (SNCC) during the 1960s and was elected to the U.S. House of Representatives in 1986. Lewis was born on Fe bruary 21, 1940, to Willie Mae and Eddie Lewis in Troy, Alabama. Whilehewasateenager,Lewisfeltthecall to the Christian ministry and began to preach periodically in local churches. He listened regularly to a radio Gospel p rogram presented by a young, Boston-trained theologian, MARTIN LUTHER KING JR . and was inspired because King, a Southern, African American man, was intelligent, articulate, and interesting. King also had thoughtful ideas about addressing the problems of racial injustice through passive resistance. When Lewis was age 15, he learned of the Montgomery, Alabama, bus boycott led by King, RALPH DAVID ABERNATHY,andother members of the Montgomery Improvement Association (MIA). The MIA led the vast majority of the African-Americans in the city in their decision to refuse to ride the segregated city buses unless they were treated more fairly by white drivers and passengers. It filled Lewis withpridetoseetheAfricanAmerican community of Montgomery acting in concert and with determination. After a year-long GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 326 LEWDNESS struggle, the bus company agreed to their demands. Lewis was kept from actively participating in CIVIL RIGHTS agitation for a while by his parents, who were frightened fo r his life. But in 1960, after four students from North Carolina A&T College in Greensboro sat down in the “whites only” section of the local Woolworth’s lunch counter and refused to move, hundreds of African American and white students all over the South followed their example. Although Lewis’s parents urged him to remain unin- volved, he joined the lunch counter sit-in demonstrations that were taking place in Nashville. Before the federal Civil Rights Act of 1964 was passed, Lewis had been jailed and beaten many times and had suffered a fractured skull at the hands of an angry, white mob in Selma, Alabama, during the 1965 Selma-to- Montgomery PROTEST march. Because of the spontaneity of the sit-ins, the students had no organizational body or any general affiliation with existing civil rights groups. ELLA BAKER, the executive secretary of the SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE (SCLC, King’s regional organization), called a meeting at Shaw University in Raleigh, North Carolina, in April 1960. The students refused to affiliate with any of the existing major civil rights groups such as the SCLC, the National Association for the Advancement of Colored People ( NAACP), or the Congress on Racial Equality (CORE), and formed their own organization. There, with Lewis as a co-founder, along with about 200 other students, SNCC was formed. After a 1961 U.S. Supreme Court decision declaring illegal all SEGREGATION in interstate bus depots and on buses, CORE leaders decided to stage a “freedom ride” from Washington, D.C., to New Orleans. Led by CORE director James Farmer, seven African American and six white freedom riders left Washington, D.C., on May 4, 1961. Lewis was among them. The riders, who had pledged themselves to nonviolence, were brutally beaten during the ride. Lewis was the first to be attacked. Finally, when the Greyhound bus that some of the demonstrators were riding in was burned outside of Anniston, Alabama, the CORE volunteers were ready to discontinue their protest. SNCC members— including Lewis—refused to be dissuaded. Lewis also led marches against segregated movie theaters in Nashville, again prompting John Lewis. AP IMAGES John Robert Lewis 1940– ▼▼ ▼▼ ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆◆◆ ◆ ◆ 1940 Born, Troy, Ala. 1960 Co-founded Student Nonviolent Coordinating Committee 1954 Brown v. Board of Education decision held racial segregation in public schools unconstitutional 1977 Appointed director of U.S. operations for ACTION 1961 Joined “Freedom Ride” from Washington, D.C., to New Orleans 1965 Participated in Selma-to-Montgomery protest march 1963–66 Served as chair of SNCC 1986– U.S. Representative for Ga. 1991 Became a chief deputy whip for Democratic Party 2000 Participated in gathering commemorating 35th anniversary of Selma-to-Montgomery march 1964 Civil Rights Act of 1964 passed 1961–73 Vietnam War 1965 Voting Rights Act passed 2002 Awarded NAACP Spingarn Medal ◆ 2003 Served on House Budget Committee ◆ 2004 Introduced bill known as the “Civil Rights Act of 2004” 2008 Barack Obama elected first African American president 2000 1975 1950 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEWIS, JOHN ROBERT 327 . U.S.attorney general 1 968 –75 Served as president of University of Chicago 1985 Retired and appointed professor emeritus of University of Chicago 2000 Died, Chicago, Ill. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E. __________________________________________________________________________________________________________ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 320 LETTERS TESTAMENTARY Letters Testamentary SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________________________. ____________________________________________________________________________ ______________________________________________________________________________________________________________ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 322 LETTERS TESTAMENTARY Letters Testamentary SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________________________