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
Trang 19 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)
Trang 2STATE OF NEW YORK )
) SS:
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 Attorney: _
Signature of Petitioner
(continued).
Trang 3SURROGATE'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: _
Trang 4
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 adoptive parent: _
(continued).
Trang 5SURROGATE'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:
Trang 6SURROGATE'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]
(continued).
ILLUSTRATION BY GGS CREATIVE RESOURCES REPRODUCED BY PERMISSION OF GALE,
A PART OF CENGAGE LEARNING.
Trang 7purchase 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 depreciation 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
Edward Hirsch Levi served as U.S attorney general from 1975 to 1976 A prominent and respected lawyer, scholar, and teacher, Levi
RICHARD M.NIXON Levi helped to restore respect
which had become deeply politicized during the Nixon administration
Levi was born June 26, 1911, in Chicago He graduated from the University of Chicago 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 1936, 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-olies and Cartels His time in government service helped to make him an expert on ANTITRUST LAW
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
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
1968–75 Served
as president of University
Trang 81950 and provost of the university in 1962,
and was appointed president 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
et seq.]), which led to the establishment of the
Atomic Energy Commission 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
a member of the White House Central Group
on Domestic Affairs and of the White House
Task Force on Education
appointed Levi as attorney general of the United
States Ford had assumed the presidency after
Nixon’s resignation on August 9, 1974, in the
initially revolved around Nixon’s role in
cover-ing up a break-in and electronic buggcover-ing of
Democratic National Committee headquarters
in the Watergate office building complex in
Washington, D.C But investigations soon
OF INVESTIGATION(FBI),INTERNAL REVENUE SERVICE,
and CENTRAL INTELLIGENCE AGENCY to pursue his
political enemies During that period, the
DEPARTMENT OF JUSTICEcame under heavy attack
It appeared that the department either was
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
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
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
AMETHOD… NECESSARY FOR THE LAW,BUT[WITH] CHARACTERISTICS WHICH UNDER OTHER CIRCUMSTANCES MIGHT BE CONSID-ERED IMPERFECTIONS
Trang 9process 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
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
for the court over the defendant, but only to the extent of the value of the property subject
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
TURPITUDE It is a specific offense in certain state statutes and is included in general provisions in others
John Robert Lewis first achieved national
NONVIOLENT COORDINATING COMMITTEE (SNCC) during the 1960s and was elected to the U.S House of Representatives in 1986 Lewis was born on February 21, 1940, to Willie Mae and Eddie Lewis in Troy, Alabama
While he was a teenager, Lewis felt the call
to the Christian ministry and began to preach periodically in local churches He listened regularly to a radio Gospel program presented
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
Trang 10Lewis was kept from actively participating in
CIVIL RIGHTSagitation for a while by his parents,
who were frightened for his life But in 1960,
after four students from North Carolina A&T
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
Because of the spontaneity of the sit-ins, the
students had no organizational body or any
general affiliation with existing civil rights
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
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
depots and on buses, CORE leaders decided to
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
including Lewis—refused to be dissuaded Lewis also led marches against segregated movie
John Robert Lewis 1940–
1940 Born,
Troy, Ala.
1960 Co-founded Student Nonviolent Coordinating Committee
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.
2000 Participated in gathering commemorating 35th anniversary of Selma-to-Montgomery
march
2002 Awarded NAACP Spingarn Medal
◆
2003 Served on House Budget Committee
◆
2004 Introduced bill known as the “Civil Rights Act of 2004”