Equity and Trust Essay Example | Topics and Well Written Essays - 1500 words

Equity and Trust - Essay Example That’s when Lord Longdale ruled that Richard Knight did not make a trust, because his will did not satisfy the three certainty tests named above (Brophy, 2008, p. 91). In the case above, the provisions satisfy only one certainty that is certainty of intention. In Jones vs. Lock 1865, the court denoted that for a trust to be established, it must pass the certainty of intention test. In this case, Robert Jones loosely said that he was going to keep son 900 pounds for his child. Before altering his will, he died. The issue under consideration in this case therefore was on whether the 900 pounds he had offered belonged to the child, or to the residuary legatees. In arriving at their decision, the court held that Robert Jones did not have any intention of initiating a trust for the child; therefore the money was still under his residuary legatees. On this basis therefore, the court denoted that certainty of intention must be proved for a trust be valid. This argument is further rei nforced in the case involving Paul vs. Constance 1977. In this case, the court denoted that prove of certainty of intention is an important factor in determining the validity of a trust (Harrison, 2012, p.29). Sam, in his will provides for the distribution of his shares to Margaret his sister, and four grandchildren. However, he does not specify the amount of shares to be distributed to the individuals. In the case law that involved Palmer vs Simmonds 1854, the court denoted that there wasn’t any trust established when the testator wrote in his will that the bulk of his property should go to four unnamed individuals on an equal measure, but subject to a number of stipulations (Brophy, 2008, p. 41). This is because the Testator was not specific on the value of his property that was to be shared. On this basis therefore, the above provision is not valid, and does not create a trust, because he does not prove certainty of subject matter. Another issue that arises also is that Sa m does not give the names of the grand children under consideration, and it is therefore difficult for the trustees to know whom Sam had in mind. In the case law involving IRC vs. Broad way Cottages, the court denoted that in an instance where it is difficult to establish the specific beneficiaries of a will, then the trust established is void (Brophy, 2008, p. 56). In this case, the testator wrote a will denoting that any income derived from his property should benefit the settlor’s wife, and other relations of the settler. The term relation was not certain, making the will void. On this basis therefore, the provisions in this will are void, and do not establish a trust. (b) In this case, Sam satisfies the certainties established in the Case law of Knight vs. Knight. This provision satisfies the certainties of object, intention and subject matter. For instance, Sam identifies the object to be disposed, and that is a bronze statue of a musician; and the beneficiaries who are the grandchildren of Fiona. The case involving Re Kayford 1975 is a perfect example of a case law that depicts the importance of certainty of intention in a will (Brophy, 2008, p. 67). In this case, the managers of Kayford mailing company were concerned that their organization will be insolvent. On this basis, they opened an account with another bank to keep payments that

A look at the effects of my Hispanic heritage Essay Example for Free

A look at the effects of my Hispanic heritage Essay I am a part of the growing population of people of mixed descent, and am both privileged and punished by relating to my Mexican heritage but not resembling the stereotypical Hispanic. Most people arent aware, even in these times, that you can be Hispanic whether you are as white as paper or as dark as its ashes. I have grown up privy to all the privileges of a comfortable lifestyle, typically among Caucasians, both in my neighborhood and honors classes in my rural town. Yet I am reminded of my heritage by the food I eat, the style of music I wake up to on a Sunday morning, and traveling to a dusty, dog-filled village in Mexico to bury my grandfather. I wonder sometimes whether resembling my classmates in immediate appearance has been a good or a bad thing. They unthinkingly offer up dirty Mexican jokes, only to find that I am not amused. They confide in me how they could never date a black girl or a black boy, and I cant support their sentiments. I wouldnt be here if such relationships didnt occur. Yet, I dont think I would change the way I look to deter such comments. What I inherited from my mother is my disguise almost, how I can uncover what people really think about the group to which I belong. If they could tell that I was the subject of their comments, they wouldnt say it to me, but they would still think its okay. It gives me the chance to show them that there are some things that are never appropriate, no matter whose company they are in, because you never know what is behind the color of their skin. Their unthinking negative comments about my race dont bother me so much in comparison to other things. My area is known for its incredibly high ratio of chickens to people, soybeans, and other farming industry. This kind of economic environment doesnt bring a lot of culture into my town. The people who work in these low-income jobs are typically Hispanic, and they fulfill some of my classmates prejudices. They are poor, unable to speak English, and have very few nice places to socialize or live. When I happen to see a family walking, I notice there are many small children, but there are probably less than twenty Hispanic students in my entire high school. Hispanics are a large part of our population, but by the time it comes for us to attend high school, it looks as though many have already dropped out of school. I feel as though I am unable to fight prejudice around me when I  see fulfillments of such negative thinking everyday. There are some points in my life I have not been so willing to inform people of my ethnic background. I volunteer in a thrift shop regularly, and I have become friends with the older Caucasian women who work there. I have come to be treated almost as though I am a paid employee. One day, as I was restocking racks, a non-English speaking family comes in with three small children. While I was in the storage room, there is a commotion in the store and I hear one of my co-workers angry voice. I heard the story later. The mother of this not even one-year-old child had watched him urinate on the floor of the store, without attempting to stop or berate him. She was about to walk away from him when my co-worker noticed what the little boy was doing. The mother did not deny what her son had done or offer to clean the mess. After repeated attempts to get an explanation, or even a response, the woman just walked away again, and away from her oblivious child. The family was asked to leave the st ore, and my co-worker ended up cleaning the mess. She angrily muttered about those damn Mexicans. This is when it bothers me the most, when I cant bring myself to contradict her. There isnt an explanation I can give to validate that mothers actions. Would a white woman let her child do that? And I find myself thinking, No, she wouldnt, because she would buy diapers. In comparison to hearing negative prejudices about Mexicans, it bothers me so much more to find myself giving in to them myself. It makes me wonder how can I defend my fellow Hispanics when looking around, it feels like Im the only one trying to break the stereotype. Yet on a more optimistic note, I know that the mother was merely a bad apple in the bunch. Not every group of people are all going to be saints, nor would they be all as apathetic as this one person. But because of her actions in such a public and respected place, others are going to see her as a representative of my ethnicity. A personal solution to the weak ethnic pride in the community is to be a public example to the local Hispanics. However, even with living in Buenos Aires for three years, taking Spanish courses in high school, and having half my extended family living in Mexico, I still cant speak the language fluently myself. How can I influence them if I cant relate at all?  Im not similar economically, academically, not even through a common language. I only know a small part of what concerns them in life. My current incapability to change their situations bothers me more than any ignorant slur I hear. It seems everyday I ask myself that clichà ©d question, How can I make a difference? I dont know how at this moment. When Im helping people in the thrift shop, they dont see a Mexican girl. The Hispanic customers see a white girl with dark hair and eyes, speaking in a language they dont understand, who rarely offers advice in broken Spanish. The other customers dont see anything that would change their opinion about those Mexicans. Growing up white, but with minority allegiances, has given me a unique perspective on discriminatory views. I know, through my own experience, that you cant imagine or know a whole person just by seeing or being in class with them. There is something that you wont know about them and wont expect. I am not an exception to the rule, and I know I have my own preconceptions of people I see, however unwelcome those thoughts are. In my Mexican heritage there are instances of racial discrimination. Her parents and community disowned my great-great grandmother when she married someone much darker than her and of a lower caste. The tendency for prejudice is not secluded to just appearance. Its among every grouping of people, from the American-born blacks discrimination against the Haitians in my school, to the suburban kids talking about the white trash. As a society, we will always find some way to differentiate ourselves from others, from people who look or act different than us. I am hopeful for change, and I want to be a part of that change through achieving success in my profession as a Hispanic. Growing up surrounded by prejudice in every form, I am more realistic about humanitys capabilities and more forgiving of such transgressions that are learned from our elders. In spite of this, I am still confident that with time, no matter where one lives, all forms of prejudice will be considered unacceptable to express or to hold.

Christianity, Reform and Freedom in Method Essay -- Religion History E

I feel like I need to begin my methodological introduction with graffiti. Graffiti that says: "Bercovitch Bites," or "Foster Rules," or even "Stop Elitist Historicists." Nothing particularly original -- just a few key phrases that capture the frustration I have felt while researching New Historicism and more particularly, its application to texts. Somehow, graffiti -- the unscholarly domain of angry teenagers armed with cans of spray paint -- echoes my reaction to the scholars in this field who seem to be writing only for other scholars, thus excluding those of us who, fascinated with the ideas expressed, would like to learn about the method and topic by simply picking up a book or article. As I understand it, the whole idea of New Historicist criticism is to enlighten the readers of a text further about that text. Enlighten, educate, teach or inform -- however you put it -- this kind of criticism should be inclusive, not exclusive. The heavy use of jargon and obscure references by t hese critics serves as a "locked gate" that only allows those with the proper credentials a "key" to get in. Within the context of the text I have chosen (A Narrative of the Life and Travels of Mrs. Nancy Prince, by Nancy Prince) this elitist approach seems incongruous simply because of the facts surrounding its author and publication. This is a text written by a primarily self-educated woman who felt very strongly about using her knowledge and abilities in a "hands-on" manner to help and "enlighten" others. Ultimately, she wrote about her experiences to put food on her table, not to impress her colleagues. In any case, for the purposes of this paper, I will attempt to explain what I think New Historicism is and how I intend to use the theories beh... ...iticism. Online. 5 April, 1998. Available: http://www.press.jhu.edu/books/hopkins_guide_to_literary_theory/entries/new_historicism.html Cogan, Frances. All-American Girl: The Ideal of Real Womanhood in Mid-Nineteenth Century America. Athens: U of Georgia P, 1989. Epstein, Leslie. The Politics of Domesticity: Women, Evangelism and Temperance in Nineteenth Century America. Middletown: Wesleyan UP, 1981. Howe, Daniel. "The Evangelical Movement and Political Culture in the North during the Second Party System." The Journal of American History 77 (March 1991): 1216-1239. Newton, Judith. "History as Usual? Feminism and the 'New Historicism.'" The New Historicism. Ed. H. Aram Veeser. New York: Routledge, 1989. 152. Prince, Nancy. A Black Woman's Odyssey through Russia and Jamaica: The Narrative of Nancy Prince. New York: Markus Wiener Publishing, 1990.

Fresh Water Essay

The greatest similarity between fresh and salt water is that both are basically the same chemical – water, although the contents of other materials dissolved in it differ. Both contain some amount dissolved chemical in it though the quantities vary. Both form different links in the water cycle of the nature. Both are homes to aquatic life. Difference: Salt water contains much higher quantities of dissolved chemicals as compared to fresh water. This higher concentration of chemical also raises the density of salt water above that of fresh water. Plant and animals living in two types of water bodies are different. Salt water is found only as large standing bodies of water. Most of these are in form of seas and oceans, although though some lakes including very large ones considered to be sea also contain salt water. Fresh water is found in standing bodies of water called lakes, as well as running water as in rivers and streams. Fresh water is available in many other forms such as in rain, and ice caps in the poles and in very cold places. However no fresh water is found in seas and oceans. Fresh water is used for drinking as well as many industrial processes. However salt water is generally not suitable for most of the industrial use except for cooling. On the other hand salt water is used as a source of some chemicals, particularly common salt. Freshwater does not yield any such chemicals. Comparing Fresh water and ocean water, each has their differences. Most notable is animals living in each. The animals that live in the Salt â€Å"ocean† water would not survive in fresh water for an extended length of time. Same holds true for fresh water animals. However there are a few species that have adapted and can live in both. Some Salt water animals have also evolved to live in Fresh water. Humans cannot drink ocean water without dying. The salt in it dehydrates you to the point you die of thirst. In order to drink ocean water you have to desalinate it in one of many ways. Boiling it being one way. Ocean water also contains every natural element on the planet. If we could find a way to mine the water that is cost effective, we would have a lot more resources. Ocean water freezes at 26 degrees F and fresh at 32. While only 6 degrees difference in water terms that is huge. It prevents a vast amount of the oceans from freezing over in the winter, of course global warming has helped with that. As for your comment of only 3% of the worlds oceans is fresh water, it is very true. While there is a lot of surface area of fresh water the oceans are miles deep. The deepest point on Earth is approx 35,000ft below sea level or about 6. 75 miles down. Many of the deepest lakes only hit about 2000 to 3000 ft deep. Also when you compare the surface area of the fresh water bodies comparies to the oceans there isn’t much. The great lakes between Canada and the USA contain 20% of all fresh water on the planet. That is enough water to cover the entire USA with 9. 5 feet of water. When compared to the oceans that isn’t much. So don’t be surprised. Fresh water is lighter than salt water. Therefore, fresh water â€Å"floats† on top of salt water. This principle becomes extremely important when considering the drilling of a well in order to tap into the ground water of any island. The weight of the rain water that percolates into the ground depresses the salt water beneath it forming a profile that has the appearance of a lens. This is called the Ghyben-Herzberg lens. The principle of this relationship was discovered independently by a Dutch scientist named Baden-Ghyben and a German scientist named Herzberg. The underground boundary that separates the fresh water layer from the salt water is not a sharp boundary line. In reality, this boundary is a transition zone of brackish water (fresh/salt mixture). This is caused by seasonal fluctuations in rainfall, tidal action, and the amount of water being withdrawn either by humans or by natural discharge. Fresh water has a density of 1. 0 while salt water has a density of 1. 025. From this, you can see that salt water is slightly heavier than fresh water. The ratio between the two is 41:40. The formation of the Ghyben-Herzberg lens has a profound effect upon the availability of fresh water on an island. This principle essentially states that for every foot of ground water above sea level there are forty feet of fresh water below sea level! The mathematical formula for the fresh to salt water relationship is: hs = hf / es – ef where hs is the depth of fresh water below sea level, hf is the depth of fresh water above sea level, es is the density of salt water, and ef is the density of fresh water. Using the common density figures for fresh and salt water the formula can thus be simplified into hs = hf / . 025 Understand that this applies only to fresh ground water that is sitting directly on an intruded body of salt water. It has no meaning on a large island where an inland body of ground water may be confined by layers and dikes of lava rock. On islands that are largely composed of dense lava rock, little if any salt water intrudes very far into the underlying rock structure. It is generally only in shoreline regions that salt water intrudes into the cracks, crevices, and loose rock spaces. On low, small islands that are largely composed of coral or other porous materials, salt water intrusion into the underlying interior is quite common. The drilling or digging of wells on these islands and especially on along the shoreline must be done with care. Going too deeply will penetrate the transition zone and result in salt water infiltration and the contamination of the fresh water in the well. I have seen such a well dug in solid lava rock along the shoreline in the Ka’ u District on the island of Hawai‘i. This well was located a few feet above the high tide line approximately a hundred feet from the ocean. The opening was rectangular, about 3 1/2 feet wide, and 6+ feet long. On one end a set of stairs had been cut into the rock allowing one to walk down five or six feet to the level of the well water. This well was unused as there are no dwellings or settlements in the immediate area. In fact, the area was considered to be â€Å"range† land where a few head of cattle managed to find enough to eat in this dry, desert-like environment. The size and construction of the well indicated that at one time it may have served a considerable number of people and possibly even an old Hawaiian village. Unfortunately the well had been abandoned and neglected. It contained a fair amount of decaying leaves and grass. There was also a considerable amount of broken glass from beer bottles that had been thrown against the interior sides of the well. This was probably done by shore fishermen who frequented the area from time to time and used the well as a convenient trash dump during evening camping parties. Nonetheless, the well serves as an excellent example of the Ghyben-Herzberg lens’s importance to the availability of fresh water in a place where one might think that none can be found. I already had listed some differences of salt water versus fresh water so here are some similarities;

John Donne Essay

John Donne’s Valediction Forbidding Mourning is a poem stressing the aspect of love through the use of various metaphors and allusions. Donne’s main influences being utilized in the poem are created from the 17th century metaphysical poetry. The poem in essence is a farewell speech, as is written in the beginning lines. These lines suggest a quiet departure and the syntax of the poem and the meter follow through with traditional rhythm. The speaker does not want a teary goodbye as is read with ‘no tear-floods’. Donne’s alliteration throughout lines 5-8 also give the reader a sense of movement and accenting of the farewell with the phrase, â€Å"twere profanation †¦to tell the laity† in which the ‘t’ sound becomes prevalent and its poignancy points toward an emphasis on the farewell motif of the poem and how the lovers cope with this departure. The purpose of the speaker is to comfort the reader, or the lover in a time of parting. The speaker then requests of the lover that the two part ways calmly and quietly and thus eliminate tears and protests of the departing. The speaker further insists that to part ways in such a platonic fashion alludes to their love being holy. This love however develops beyond the boundaries of the spiritual and is also referenced as being a physical and sexual love. Thus, the poem’s focus is a transformation of the different loves shared by the speaker and the lover and the celebration the two have in these loves which are refined as line 17 points out. The secret that the metaphysical writing gives the reader is that the lovers are so in tune with each other that they are assured, according to the speaker, a happy reunion. It is the sharing of the goodbye that is endearing in the poem, and the way in which Donne analyzes this farewell is also intriguing. Donne’s metaphysics speaks towards the couple’s soul, and it’s joining after being split. This then is a merriment of earthly love or ‘religion of love’. The love being elevated in the poem, is enhanced by the device of metaphor as Donne writes that the love spoken about in the poem is a sacred love. The narrator describes this love as being breed from confidence in love, which gives the two a strength during the parting. Thus, the two are able to endure a brief span of time in which their love will connect them (Nutt 2005). This endurance is made possible by the speaker by emphasizing that the two share a single soul and thus any illusion of division by space, time or distance is inconsequential. This is the extended metaphor of Donne’s poem. The metaphysical conceit in A Valediction: Forbidding Mourning is the comparison of the two unlikely objects of the lovers’ relationship and their two souls being the feet of a drawing compass as seen in the final stanzas. The allusion to feet of a compass, is a metaphor of direction in which love points toward the right direction and the love of the two lovers is merely a circle that has no end, thus, a farewell is of no consequence since it ends and begins in the same instant. Therefore, although the two lovers will be geographically apart from each other, the speaker believes that this will only strengthen their love since the lovers will remain faithful to each other during this separation, thus bringing trust into the equation of Donne’s metaphysics. Another key metaphor used by Donne is that of gold being beaten thin so that it expands and this comparison is made between the love expanding between the two lovers and not breaking (Beliles 1999). Thus, Donne’s use of metaphor through metaphysical aspirations is the main creative elements in his poem. Work Cited Beliles, D. B. Theoretically-Informed Criticism of Donne’s Love Poetry: Towards A Pluralist Hermeneutics of Faith. New York: Peter Lang Publishing, Inc. , 1999. Donne, J. Poems of John Donne. vol I. E. K. Chambers, ed. London, Lawrence & Bullen, 1896. 51-52. Nutt, J. John Donne: The Poems (Analyzing Text). Palgrave Macmillan. New York, 2005.