text:
11 anticipated music books this fall
David Bowie poses with a large barking dog in London for his 1974 album "Diamond Dogs," from "Bowie by O'Neill: The Definitive Collection With Unseen Images."
(Terry O'Neill / Iconic Images)
By Drew Tewksbury
Summer concert season may be winding down but these books by — and about — musicians will keep the spirit flowing.
Here are 11 highly anticipated music books due this fall.
"Mixtape Potluck Cookbook: A Dinner Party for Friends, Their Recipes, and the Songs They Inspire" by Questlove and Martha Stewart. Perched behind his drum set, Ahmir "Questlove" Thompson is known for serving up serious beats with the Roots, his prolific, groove-forward band and "Tonight Show" house act. With his cookbook, Thompson dishes out recipes and playlists to turn up the volume on any dinner party. He is an epic party-thrower and invites guests to bring entrees inspired by a song he assigned. "The food salons are a great place to meet people, to catch up with people, and to enjoy people's company," he writes. "They are also a great place for casual epiphanies." The book includes recipes by actor Fred Armisen, "Top Chef" host Padma Lakshmi and L.A. "Top Chef" contestant Nyesha Arrington. Food world titan Stewart provides a recipe for grape focaccia and pens the book's introduction.(Oct. 15)
"Jeff Buckley: His Own Voice Journals, Objects & Ephemera" by Mary Guibert and David Browne. The free-spirited Buckley dived into the Mississippi River on May 29, 1997, floated on his back and sang to his friend on the shore. It was the last time he was seen alive. Buckley's accidental death left many unanswered questions but this assemblage of journal entries, music-industry paper trail and fragments of songs written on scraps of paper helps fill in the blanks. The book, by Buckley's mother and Rolling Stone writer Browne, tell the story of growing up in Orange County, his days performing in dead-end Hollywood bands and his creative surge followed by a major-label record deal in New York City. (Oct. 15)
Pages from Jeff Buckley's journals
(©2019 Geoff Moore)
"Bowie by O'Neill: The Definitive Collection With Unseen Images" by Terry O'Neill. David Bowie inextricably linked his sound and image, making it nearly impossible to imagine one without the other. We know his "Ziggy Stardust" Starman persona, his svelte "thin white duke" years and his Aquanet-rocker motif as Jareth in the Muppet-filled fantasy film "The Labyrinth." But there still are sides of Bowie yet to be seen. Photographer O'Neill brings to light rarely seen pictures of Bowie from his archives, including Bowie in Los Angeles during his 1974 tour, his wiry frame barely holding up a billowing white suit, and an impromptu performance with members of the Who and Rolling Stones at Peter Sellers' 50th birthday party. In a Beverly Hills photo shoot with Elizabeth Taylor, the unflappable Bowie seems nervous in the star's presence. "Even a simple portrait was not simple," O'Neill writes. "David always chose his own direction." (Now available)
English singer, musician and actor David Bowie in concert during his Diamond Dog tour in Los Angeles, circa 1974. Photo from From "Bowie by O'Neill: The Definitive Collection With Unseen Images." (Terry O'Neill / Iconic Images)
David Bowie posing as a dog, to be used a reference by the artist Guy Peellaert for the cover of the 1974 album "Diamond Dogs." From "Bowie by O'Neill: The Definitive Collection With Unseen Images." (Terry O'Neill / Iconic Images)
English singer, musician and actor David Bowie with dyed red hair and a mustard-yellow suit photographed for a magazine in Los Angeles, circa 1974. From "Bowie by O'Neill: The Definitive Collection With Unseen Images." (Terry O'Neill / Iconic Images)
Singer David Bowie with actress Elizabeth Taylor in Beverly Hills, 1975. It was the first time the pair had met. From "Bowie by O'Neill: The Definitive Collection With Unseen Images." (Terry O'Neill / Iconic Images)
English singer, musician and actor David Bowie in concert during his Diamond Dog tour in Los Angeles, circa 1974. From "Bowie by O'Neill: The Definitive Collection With Unseen Images." (Terry O'Neill / Iconic Images)
Singer David Bowie wearing a smart hat during the filming of 'The Man Who Fell to Earth' in Los Angeles, 1976. From "Bowie by O'Neill: The Definitive Collection With Unseen Images." (Terry O'Neill / Iconic Images)
"Horror Stories: A Memoir" by Liz Phair. On the spectrum of early-'90s indie rock, Phair's sound fell somewhere between the catchy riffs of the Pixies and perhaps a less frenetic Sleater-Kinney. Her popular 1993 album, "Exile in Guyville," brought her empowering messages to the MTV masses, setting the stage for a wave of female singer-songwriters who wielded electric guitars as their weapons of choice. Her memoir is a raw look at fame, motherhood and aging with all the unbridled honesty of the songs that put the Manhattan Beach-based singer in the spotlight in the first place. (Oct. 8)
Liz Phair, author of "Horror Stories: A Memoir"
(Elizabeth Weinberg)
"Wichita Lineman: Searching in the Sun for the World's Greatest Unfinished Song" by Dylan Jones. Over his six-decade career, country star Glen Campbell sold 45 million albums. But one song stands apart: "Wichita Lineman." Dylan Jones, editor in chief of British GQ, dedicates his new book to the lonesome tune, using it as a springboard to dive headlong into Campbell's life. The book encompasses life in the heartland and L.A.'s booming 1960s music industry. Written by L.A. hitmaker Jimmy Webb and performed by Campbell, the song seems to be about a solitary telephone line repairman dreaming of a connection with an "absent lover" he hears while eavesdropping. "'Wichita Lineman' is only 16 lines long," Jones writes, "and yet this dustbowl epic paints a whole life as though it were poetry, and it says as much in three minutes as many authors say in a lifetime." (Now available)
"Toy Fabels" by Cass McCombs. The sound of McCombs' lithe voice and crisp guitar doesn't quite rock, it wafts, unfurling a chill mood wherever the wind may take it. Yet the Northern California-raised troubadour's lyrics are lightning bolts too: absurdist, funny and sometimes dark. His debut poetry book, released by Sacramento indie publisher Spurl Editions, showcases graffiti artists, drug runners and a broken-down band van in Gallup, N.M. Part Bukowski, part Tom Waits, McCombs' poems evoke the gritty feel of his time in the Pacific Northwest, Baltimore and especially the Bay Area and its rough-and-tumble peripheral towns before the tech boom. Yet McCombs says the San Francisco he experienced will live forever. "It is not about anything disappearing, it is eternity," he says, "[San Francisco] will never change." (Oct. 16)
"Year of the Monkey "by Patti Smith. Smith's latest memoir traces her year of wandering across California's Santa Cruz coast and the West, searching for answers for questions she never knew she had. It was New Year's Day in 2016, and she had finished a string of shows at San Francisco's Fillmore theater. So she hit the road. Along the way, she glimpsed moments of truth and beauty, challenges and victories, which she captures in her poetic prose and snaps of her trusty Polaroid camera. Like those hazy photographs, Smith's writing is impressionistic; fact and fiction intermix and she captures authentic moments that never fade away. (Sept. 24).
Patti Smith's new book is "Year of the Monkey."
(© Steven Sebring)
"High School" by Tegan and Sara Quin. As indie rock's second-most-famous identical twins (the Breeders' Kim and Kelley Deal still reign supreme), Tegan and Sara Quin began as a Calgary coffee shop act and blossomed into an international act, selling out venues around the world and earning a Grammy nomination. But the sisters' co-written memoir isn't about their life onstage or their LGBTQ activism. Instead they focus on their high school years, which paved the path to notoriety. They were latchkey kids curled over guitars, strumming power chords and expressing themselves through polychromatic hair dye and their "light punk" band Plunk. They attended raves in hockey rinks, made prank calls and wrote songs about the first girls they loved. They recount signing their first demo deal with Polygram on Sept. 19, 1998, their 18th birthday. "Mom faxed it when she got to work that morning," Tegan says, "and that afternoon Sara and I went to a hair salon and shaved our heads." (Sept. 24)
"Dublab: 20 Years of Future Roots Radio" by Alejandro Cohen and Mark "Frosty" McNeill, with J.C. Gabel. Long before Spotify streaming, podcasts and the plethora of options for audiophiles everywhere, there was "internet radio." Dublab, one of L.A.'s earliest internet radio stations, was an innovator in the space, offering hand-selected music by DJs whose care can never be matched by almighty algorithms. In the 20 years since Dublab began, the station has become an agent of creative community-building, bringing people together for arts installations, DJ nights and concerts of often off-the-radar talent. Published by L.A.-based Hat and Beard Press, the book reflects on two decades of antics, presenting interviews with musical luminaries like Van Dyke Parks and highlighting artwork created in the collective's orbit. Witness it all at Dublab's anniversary celebration on Sept. 21. (Nov. 12)
"Face It" by Debbie Harry. New York City in the late 1970s was a cauldron overflowing with a primordial soup of creativity: Disco, punk, new wave, hip-hop, pop art, fashion icons, street art, all emanated from a few square miles packed with ambition. Among this mélange was Debbie Harry, the artist, actress and frontwoman for the immensely influential band Blondie. In her memoir, "Face It," she sets the scene for downtown's iconoclastic artistic explosion, revealing how the New Jersey singer became the nexus of it all. Her memoir delves into darker times too; her addictions, sexual trauma and serial killer Ted Bundy. But through everything, she remained strong, emerging from her hardship as an everlasting icon. Just don't call her Blondie. (Oct. 1)
Debbie Harry's new book is "Face It."
(William Kaner)
"Together Forever: The Run-DMC and Beastie Boys Photographs" by Glen E. Friedman. Immersed in the skate and punk scenes of the 1980s, Friedman's photographs were a window into a subculture percolating under the surface of Ronald Reagan's America. Then in 1987, he documented a critical moment in the emergence of hip-hop: the joint tour of Run-DMC and the Beastie Boys. This photo book, published by Rizzoli with a foreword by Chris Rock, shares the moment when hip-hop moved from the inner city to suburbs everywhere, forever changing the style and sound of American culture. (Friedman also wrote the recently rereleased photo book on the crucial straight-edge punk band Fugazi, "Keep Your Eyes Open," featuring a new interview with frontman Ian MacKaye.) (Oct. 1)
Tewksbury is a writer, editor and Emmy-winning producer in Los Angeles.
BooksMusic
Get the latest news and notes from our Book Club.
Drew Tewksbury
Frank Cruz had a short fuse for second-class treatment. So he blazed a path for himself
Frank Cruz always told other people's stories. Now, he tells all in his memoir about his days as a reporter, Telemundo co-founder and everything in between. He carved paths for others along the way.
Novelist Rachel Kushner and more book events for the week ahead
What to do in L.A.: 5 book talks for the week ahead
Who has the right to tell certain stories? 'American Dirt' sparks conversations about the politics of fiction
Jeanine Cummins' novel about a migrant family, "American Dirt," hasn't been published yet but has already stirred a debate: Who should tell what stories?
Christopher Tolkien, son and protector of 'Lord of the Rings' creator, dies
Christopher Tolkien helped edit and publish much of J.R.R. Tolkien's work after the science fiction and fantasy writer died in 1973.
Review: Nicholas D. Kristof & Sheryl WuDunn show nation on a 'Tightrope'
"Tightrope" authors Nicholas Kristof and Sheryl Wudunn saw despair across the U.S., so they began shifting through statistics and solutions.
Review: '55, Underemployed, and Faking Normal' is a wake-up call
In '55, Underemployed, and Faking Normal," Elizabeth White explores the new realities for boomers and Gen-Xers.
New cinema books on 'French New Wave' and 'Hollywood Chinese' to brighten your shelves
"French New Wave: A Revolution In Design" and "Hollywood Chinese: The Chinese in American Feature Films" are gorgeously illustrated new books to enhance any cinefile collection.
Sign up for the Los Angeles Times Book Club
Get the latest news and notes from our Book Club. Our mission is to get Southern California reading and talking.


Do you get tired of the same old lunch routine day after day? Lately I've been wanting a change from my normal lunch options. While a cold deli sandwich or salad can be very satisfying, those are my typical go-to…and I need something different.
I pulled together some options from my fridge and here's what I came up with: a hot roast beef sandwich. It's fairly quick, very satisfying, and packed with fiber, protein and calcium. This roast beef sandwich is especially good with mushrooms and cheddar cheese.
Place two slices of bread on a cookie sheet.
On one slice, place the roast beef slices.
On the other slice, place mushrooms with cheese on top.
Set your oven to a low broil. Once heated, place the cookie sheet with the open faced sandwich under the broiler until cheese is melted and/or bubbly.
Remove from oven and put the sandwich slices together.
Serve with chips and fruit. Enjoy.
If you have a panini press, you can forgo the oven and toast/warm the sandwich all in one quick step.
Looks tasty & nice! I'm trying it for lunch this week. Thanks!


text:
Q: ansible ios_command timeout when doing "show conf" on cisco 3850 I've got a simple ansible playbook that works fine on most ios devices.  It fails on some of my 3850 switches with what looks like a timeout when doing a "show conf".  How do I specify a longer, non-default timeout for command completion with the ios_command module (and presumably also ios_config)?
Useful details:
Playbook:
---
- hosts: ios_devices
  gather_facts: no
  connection: local
  tasks:
  - name: OBTAIN LOGIN CREDENTIALS
    include_vars: secrets.yaml

  - name: DEFINE PROVIDER
    set_fact:
      provider:
        host: "{{ inventory_hostname }}"
        username: "{{ creds['username'] }}"
        password: "{{ creds['password'] }}"

  - name: LIST NAME SERVERS
    ios_command:
      provider: "{{ provider }}"
      commands: "show run | inc name-server"
    register: dns_servers

  - debug: var=dns_servers.stdout_lines

successful run:

$ ansible-playbook listnameserver.yaml -i inventory/onehost
PLAY [ios_devices] *****************************************************************************************************************
TASK [OBTAIN LOGIN CREDENTIALS] ****************************************************************************************************
  ok: [iosdevice1.example.com]
TASK [DEFINE PROVIDER] *************************************************************************************************************
  ok: [iosdevice1.example.com]
TASK [LIST NAME SERVERS] ***********************************************************************************************************
  ok: [iosdevice1.example.com]
TASK [debug] ***********************************************************************************************************************
  ok: [iosdevice1.example.com] => {
      "dns_servers.stdout_lines": [
          [
              "ip name-server 10.1.1.166",
              "ip name-server 10.1.1.168"
          ]
      ]
  }
PLAY RECAP *************************************************************************************************************************
  iosdevice1.example.com : ok=4    changed=0    unreachable=0    failed=0

unsuccessful run:

$ ansible-playbook listnameserver.yaml -i inventory/onehost
PLAY [ios_devices] *****************************************************************************************************************
TASK [OBTAIN LOGIN CREDENTIALS] ****************************************************************************************************
  ok: [iosdevice2.example.com]
TASK [DEFINE PROVIDER] *************************************************************************************************************
  ok: [iosdevice2.example.com]
TASK [LIST NAME SERVERS] ***********************************************************************************************************
  fatal: [iosdevice2.example.com]: FAILED! => {"changed": false, "msg": "timeout trying to send command: show run | inc name-server", "rc": 1}
          to retry, use: --limit @/home/sample/ansible-playbooks/listnameserver.retry
PLAY RECAP *************************************************************************************************************************
  iosdevice2.example.com : ok=2    changed=0    unreachable=0    failed=1

A: The default timeout is 10 seconds if the request takes longer than this ios_command will fail.
You can add the timeout as a key in the provider variable, like this:
- name: DEFINE PROVIDER
  set_fact:
    provider:
      host: "{{ inventory_hostname }}"
      username: "{{ creds['username'] }}"
      password: "{{ creds['password'] }}"
      timeout: 30

A: If you've already got a timeout value in provider here's a handy way to update only that key in the variable.
- name: Update existing provider timeout key
  set_fact:
     provider: "{{ provider | combine( {'timeout': '180'} ) }}"

redpajama_set_name: RedPajamaStackExchange


text:
Scott Pilgrim vs the World will return to theaters to celebrate its anniversary
May 22, 2020 Chronos
Ten years have passed since the premiere of Scott Pilgrim vs the World, but the film is still one of the public's favorites. The film will apparently return to theaters to celebrate its anniversary.
10 years ago, Edgar Wright took to the cinema the series of graphic novels Scott Pilgrim, created by Bryan Lee O'Malley, with his tape Scott Pilgrim vs the World. On the eve of this important anniversary, the filmmaker announced that his popular film will return to the big screen when possible so that fans can once again enjoy it in theaters.
This popular and praised Wright film follows the charming and unemployed Scott Pilgrim, who is the bassist of a group that rehearses in a garage, the Sex Bob-ombs, and has just met the girl of his dreams. However, there is a problem, as to win over the elusive and mysterious Ramona Flowers, she has to defeat her seven evil ex-boyfriends determined to kill him.
Critics noted that while the script is not as dazzling as its visualsScott Pilgrim vs the World it's fast, fun, and inventive. In this way, the film is considered a beloved cult film, of high quality and why not, strange and surreal.
Back to the cinema
Because of the above and aware of the love that fans have for this film, its director announced on his Twitter account that Scott Pilgrim vs the World It will return to theaters thanks to Dolby Cinema and Universal Pictures. Likewise, Wright followed the film on this social network, guiding people through thousands of trivia points and behind-the-scenes delights.
"If you thought watching Scott Pilgrim from home was great, wait until I come back to @DolbyCinema, only in theaters! #DolbyVision #DolbyAtmos #ScottPilgrim #WatchWithTheAcademy, "he wrote. A while back, Michael Cera revealed that he would be delighted to make a sequel but on one condition.
If you thought watching Scott Pilgrim from home was great, wait until it & # 039; s back @DolbyCinema, only in theaters! #DolbyVision #DolbyAtmos #ScottPilgrim #WatchWithTheAcademy
– edgarwright (@edgarwright) May 21, 2020
Cinemascomics.com | Movies, comics and series
Copyright © 2017 MovieKnowing.com All rights reserved

redpajama_set_name: RedPajamaCommonCrawl


text:
Home > Opinions > Estate of Torregano
Estate of Torregano
Estate of Torregano , 54 Cal.2d 234
[S. F. No. 20122. In Bank. May 24, 1960.]
Estate of ERNEST J. TORREGANO, Deceased. GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO, Respondent.
Bergen Van Brunt for Appellant. [54 Cal.2d 239]
Henry B. Nathan as Amicus Curiae on behalf of Appellant.
Wallace, Garrison, Norton & Ray and Maynard Garrison for Respondent.
Plaintiff appeals from a decree dismissing her petition for determination of heirship. The trial court held that, as a matter of law, plaintiff is not a pretermitted heir of Ernest J. Torregano, deceased.
Torregano, a San Francisco attorney, died on January 18, 1954. His will was dated June 25, 1947. It was duly admitted to probate on February 5, 1954. By the terms of that will decedent left the bulk of his estate to his brother, Alfred Torregano, the defendant herein.plaintiff was not specifically named in the will, nor was she mentioned in any manner unless the trial court was correct in holding that she is a person who is included in the general class mentioned in clause Thirteenth of the will. Clauses Second, Thirteenth and Fourteenth (the only portions of the will involved in this appeal) read as follows:
"Second: I declare that I am a widower and that I have no children, issue of my marriage; that my deceased wife's name was Pearl C. Torregano; that my entire estate is separate property. ...
"Thirteenth: I give, devise and bequeath to any person or persons who may contest this my Last Will and Testament, or assert any claim to share my estate by virtue of relationship or otherwise the sum of One Dollar ($1.00) each in settlement of their said claim or claims.
"Fourteenth: I give, devise and bequeath all the rest and residue of my estate of whatsoever kind or nature and wheresoever situate which I may die seized and possessed of, to my dearly beloved brother, Alfred Torregano, ..." There follows provisions for contingent residuary beneficiaries in the event of Alfred's prior death.
On January 8, 1957, the estate then being in the process of probate, plaintiff filed a "Petition for Decree Determining That Gladys Torregano Stevens is a Pretermitted Heir," therein alleging that she is the lawful child of decedent and Viola Perrett, that she was not provided for by settlement or advancement, that she was not mentioned in decedent's will, that such omission was unintentional, and that she is entitled to the entire estate under the provisions of Probate Code, sections [54 Cal.2d 240] 90 and 91. fn. 1 On February 1, 1957, defendant filed his statement as beneficiary in opposition to plaintiff's petition, and subsequently filed a demand for a jury on the hearing of the petition. fn. 2
On April 18, 1957, defendant filed motions for summary judgment and dismissal on the grounds that the petition does not state facts sufficient for a determination that plaintiff is a pretermitted heir, that testator's will provides for her in the sum of $1.00, and that the petition is uncertain, unintelligible and ambiguous. fn. 3plaintiff filed two affidavits in opposition alleging, among other things, the facts that she is the legitimate daughter of decedent and Viola Perrett Torregano, who were husband and wife, and that she is the sole surviving child of decedent. After argument, both motions were denied by the law and motion department on May 14, 1957.
On May 15th the matter came on for trial, by jury, in another department of the same court. Before any testimony was taken defendant moved the court, orally, for a trial of special issues, and also for judgment on the pleadings. Both [54 Cal.2d 241] motions were ordered submitted, and the matter proceeded to trial. Both parties produced witnesses and documentary evidence which, because of the nature of the ultimate action of the trial court, need not be set forth in detail. It is sufficient for the purposes of this opinion to state that plaintiff produced evidence from which the jury, if it believed the evidence, could have found that the following facts were true:
Testator, Ernest J. Torregano, was born November 21, 1882, a member of a fairly large Negro family. During 1902 or 1903 he married Viola Perrett, a member of his minstrel troupe, and brought her to live at his mother's house in New Orleans, Louisiana. On February 7, 1904, plaintiff, Gladys Torregano Stevens, was born the issue of such marriage, in the home of her grandmother (decedent's mother). When plaintiff was less than a year old testator (having established his family in a separate residence) took a position as a porter on a railroad train running between New Orleans and San Francisco, California. For the next year or more he continued in such work, residing with his wife and child during the periods of stop-over in New Orleans. He then found permanent work in San Francisco, but did not immediately terminate his infrequent visits to his family. Some time after the earthquake and fire of 1906 he took up the study of law, and "commenced to pass for white." During this period, he sent for his brother Alfred, presumably the only other member of his family so capable of "passing," and the two of them ultimately succeeded. Testator ultimately became a successful member of the bar in San Francisco.prior to 1915 testator had ceased his infrequent visits to New Orleans, but maintained contact with various members of his family by correspondence. During this period, he maintained two addresses in San Francisco, one for a "white" establishment and the other as an address to receive his mail from his colored family. During the year 1915 (or thereabouts), testator's mother and his half-brother, Edgar, visited him in San Francisco. On that occasion testator's mother told him that his wife and daughter, the plaintiff, were dead. On her return to New Orleans, testator's mother told the wife and child that testator was dead. On that date plaintiff was a child of tender years, incapable of producing issue, which testator then knew. The testator never had any other issue. After the date of the visit from his mother there was no further contact (by mail or otherwise) between testator and his wife (Viola) or plaintiff, although there was subsequent contact between testator [54 Cal.2d 242] and at least one of his sisters. On March 15, 1917, testator married Pearl C. Bryant, of Oakland, California, the marriage certificate indicating that he and his parents were white. fn. 4 In 1922 Viola remarried (presumably relying upon the misinformation given to her by testator's mother).pearl died prior to June 25, 1947.
The will was introduced into evidence. From all of the foregoing facts, including the subsequent remarriage, the fact that testator was a successful practicing attorney who was versed in the law, and the fact that the will made no specific mention of plaintiff, and, in fact, inferred lack of any issue, there is no doubt that a jury could have found--if such evidence is admissible and relevant under the law--that testator, when executing his will, believed plaintiff to have been dead for many years, and that she had died at a time when she could not possibly have had issue.
Much of the evidence upon which the foregoing statement is based was received over the objection of defendant. He took the attitude that extrinsic evidence was inadmissible. The trial court admitted all of the evidence subject to such objection, which it took under submission along with the motions made at the commencement of the trial.
After all the evidence had been received, but prior to giving the case to the jury, the trial judge entered a minute order and a memorandum opinion, both granting defendant's "motion to dismiss." fn. 5 The court then entered its decree, by the terms of which it held, in effect, that, as a matter of law, plaintiff is not a pretermitted heir of testator, and is entitled as a claimant to receive but the sum of $1.00 as mentioned in paragraph Thirteenth of testator's will. It also held that defendant is entitled to the residue of the estate, after payment of all specific bequests. From this decree, and from the denial of her motions for new trial and for order vacating the decree, plaintiff has appealed. [54 Cal.2d 243]
The reasoning behind the decree (both as stated by the trial court in its opinion, and as contended by respondent on this appeal) is that even though Probate Code, section 1081, provides for a trial of the factual issues by jury, when the rights of the parties are wholly determinable as a matter of law, the court must remove the case from the jury, and make such final determination as a matter of law. It is then contended that this case presents solely a question of law for the reason that extrinsic evidence is inadmissible to prove testator's intent, and that the language of the will, standing alone, indicates an intention to omit provision for his daughter. In urging this theory, both the trial court and respondent have relied upon the language of several California decisions interpreting Probate Code, section 90. These authorities are discussed below. Although it is true that the language found in some of those cases appears to hold as respondent claims, when analyzed they are found not to be applicable to the facts of this case.
[1] We agree with the claim that the court acts properly in taking the case from the jury when the issues are determinable by a sole question of law. On the other hand, it is not contended that the court may so act if the case requires determination of one or more factual issues. The single question thus posed in this case is whether, under all of the circumstances presented, there were factual issues which required the case to go to the jury. We are of the opinion that this question must be answered in the affirmative. We are of the further opinion that such determination requires conclusions which are, to some extent, matters of first impression.
[2] Our first such conclusion is that extrinsic evidence is admissible to prove a testator's lack of intent to omit from his will any provision for a presumptive heir.
In contending that evidence dehors the will was not admissible herein, respondent relies upon that portion of Probate Code, section 90, which states that a child who is not provided for succeeds to a portion of the estate "unless it appears from the will that such omission is intentional." The quoted phrase specifically bars the introduction of evidence, other than that found on the face of the will, in proving that testator intentionally omitted provision for his child. The significant fact is that the code section makes no reference to the method of proving lack of intent to exclude a child. Respondent places his main reliance upon various cases which have interpreted section 90 (or its predecessor statutes), and which [54 Cal.2d 244] have included language to the effect that the question of "whether or not" the testator intended to omit provision for an unnamed child must be determined solely from the face of the will, and without resort to extrinsic evidence (Rhoton v. Blevin, 99 Cal. 645, 647 [34 P. 513]; Estate of Trickett, 197 Cal. 20 [239 P. 406]; Estate of Cochems, 112 Cal.App.2d 634, 637 [247 P.2d 131]; Estate of Fernstrom, 157 Cal.App.2d 380 [321 P.2d 25], and others). A reading of these cases demonstrates that, in spite of the language used in the respective opinions, not one was a case wherein the claiming pretermitted heir offered and was denied the right to introduce extrinsic evidence in order to prove that the omission was unintentional. fn. 6 Quite to the contrary, there are several California cases in which claiming pretermitted heirs were allowed to introduce evidence dehors the will for such purpose (Estate of Ross, 140 Cal. 282 [73 P. 976]; Estate of Carroll, 138 Cal.App.2d 363 [291 P.2d 976]; Estate of Percival, 138 Cal.App.2d 494 [292 P.2d 63]). It is also true that the majority of California cases which have denied to the proponent the right to prove intent dehors the will did so in language which indicated that, if called upon to pass on the question, the court would have allowed recourse to extrinsic evidence in order to prove lack of intent. In Matter of Estate of Garraud, 35 Cal. 336, the court said, at page 342: "It could not well appear from the will itself that a mistake had been committed, nor that accident had caused the testator to omit his children." Similarly, in Estate of Axcelrod, 23 Cal.2d 761 [147 P.2d 1], which turned upon another point, there is an inference (at p. 766) that extrinsic evidence would have been received had it been offered. Estate of Frinchaboy, 108 Cal.App.2d 235 [238 P.2d 592], directly held that extrinsic evidence is always admissible if not offered for the limited purpose of showing testator's intent to omit provision for a presumptive heir.
Upon a review of all of the California cases dealing with this subject, it will be discovered that no appellate decision in this state has ever held, in a case where the point was involved, that extrinsic evidence is inadmissible for the purpose of proving lack of intent to omit provision for a presumptive heir. Consideration of the pertinent cases demonstrates how the ambiguous phraseology ("whether or not" the testator intentionally omitted his child) first came to appear in the decisions.prior to the decision in Rhoton v. Blevin, supra, 99 [54 Cal.2d 245] Cal. 645, the opinions held that the limitation on the use of extrinsic evidence only extended to attempts to prove the testator's affirmative intent. Nothing was said in any of the cases as to the method of proving lack of intent. (See Payne v. Payne, 18 Cal. 291; Matter of Estate of Garraud, 35 Cal. 336; In re Stevens, 83 Cal. 322 [23 P. 379, 17 Am.St.Rep. 252].) But in Rhoton v. Blevin, supra, there first appears the language that: "We must look to the face of the will itself to determine the question whether or not the petitioners were intentionally omitted therefrom by the testator." (P. 647; emphasis added.) There was no good reason in that case for the court to use the emphasized phrase. The appeal was taken from a judgment after a demurrer was overruled, and the defendant refused to answer. No evidence of testator's intent had been offered, and the will was the only evidence that the court had before it. The decision did not involve the question of the admissibility of evidence at all, and the above quotation referred only to a situation where the appellate court was faced with the lack of any evidence. As if to emphasize this limitation that the quoted phrase was not applicable to a case where evidence was offered, the same court, two years after the date of the Rhoton opinion, decided the case of In re Salmon, 107 Cal. 614 [40 P. 1030, 48 Am.St.Rep. 164]. In passing upon the point the court phrased the question to be whether extrinsic evidence "can be resorted to for the purpose of determining whether the omission ... was intentional on the part of the testator ..." (p. 615). The ambiguous phrase "whether or not" was not used, for it was no longer proper to the case then before the court. Unfortunately, several later cases, in passing upon proponent's right to offer extrinsic evidence, used the "whether or not" language of the Rhoton opinion. But such cases did not determine any question involving the use of extrinsic evidence to prove lack of intent, and the unfortunate phraseology was not germane to the decisions, and is disapproved.
Although no California case has directly barred the use of extrinsic evidence to prove lack of intent to omit provision for testator's child, it is also true that we have found no California authority expressly authorizing its use for such purpose. The cases cited above, which allowed the use of extrinsic evidence by claimant, or which inferred the propriety thereof, did not discuss the competency of that evidence, but simply assumed it to be admissible. Therefore, the point is one of first impression. [54 Cal.2d 246]
[3] From a standpoint of reason and common sense, it is obvious, by very definition, that a pretermission can exist only through oversight. It occurs only when there has been an omission to provide, absent an intent to omit. [4] As pointed out in Matter of Estate of Garraud, supra, the mistake or accident which caused the testator to omit provision for his child cannot possibly appear from the will itself. Extrinsic evidence for this purpose must be contemplated by the statute. Otherwise pertermission could never be proven.
There are other grounds for holding that evidence of this type is admissible. [5] Extrinsic evidence is always admissible for the purpose of proving the circumstances under which a will was executed (Estate of Smith, 145 Cal. 118, 123 [78 P. 369]; Estate of Spreckels, 162 Cal. 559 [123 P. 371]; Estate of Pierce, 32 Cal.2d 265 [196 P.2d 1]; Prob. Code, § 105). fn. 7 [6] In the instant case petitioner produced evidence of relationship and family circumstances from which the jury could have found that for some 32 years testator and his daughter each believed the other dead. Should the trier of fact accept that evidence as true, it could further find that the erroneous belief continued to and including the date of making the will. Such evidence is then part of the "circumstances" under which the will was executed, and thus admissible.
[7] Extrinsic evidence is also admissible to explain any ambiguity arising on the face of a will, or to resolve a latent ambiguity which does not so appear (Prob. Code, § 105; Estate of Kurtz, 190 Cal. 146 [210 P. 959]; Estate of Frinchaboy, 108 Cal.App.2d 235, 236 [238 P.2d 592]; Estate of Kearns, 36 Cal.2d 531, 537 [225 P.2d 218]; Estate of Duke, 41 Cal.2d 509, 515 [261 P.2d 235]--holding that the rule announced in Estate of Kurtz was correct although the application to the facts therein was questionable). [8] In the instant case the testator declared: "... that I am a widower and that I have no children, issue of my marriage;" (clause Second). He also declared that his deceased wife's name was Pearl, and made no mention of a previous wife, or of any issue [54 Cal.2d 247] by such. Granting appellant's right to offer evidence that she is testator's daughter, by a wife named Viola, a latent ambiguity immediately appears, which ambiguity must be resolved by recourse to extrinsic evidence.
[9] It should also be pointed out that the several statutes protecting presumptive heirs against unintentional omission disclose a clear legislative intent that evidence dehors the will should be admissible to prove a reason or cause, other than intentional, for such omission. For example, the language of Probate Code, section 90, creates a pretermission unless an affirmative intent to disinherit appears on the face of the will. The Legislature therein refrained from expressing any limitation upon evidence to prove lack of intent.probate Code, section 70, creates a presumption that a subsequent marriage revokes the will of a person who has not provided for a future spouse, unless the will shows an intention not to make such a provision. The section closes with the clause: "... and no other evidence to rebut the presumption of revocation can be received." Again the Legislature denied the proponent the right to prove intention dehors the will, without expressing any limitation upon proof of unintentional omission. Similarly, Probate Code, section 105, authorizes the use of extrinsic evidence for the purpose of clarifying ambiguities, but bars the admission of testator's declarations. If this section be applied to the problems presented in sections 101, 102 and 103 (requiring that the intentions of the testator shall control) it seems clear that the Legislature has intended, throughout, to bar only that method of proof which is easily susceptible to perjury, or which requires conjecture and speculation. In creating such a pattern of statutes, the Legislature has only codified the ordinary rules of evidence which bar the use of "suspect" evidence except in certain cases of necessity. This is why section 90 expressly denies the proponent the right to offer extrinsic evidence to prove intentional omission. Such proof would be tantamount to allowing parol declaration of intent to conflict with a written statement thereof. But such reason does not exist where the offeror of the evidence desires to show lack of intent. Of necessity, such must be proved by circumstances other than the testator's declaration of intent.
[10] Appellant's entire case must rest on the contention that appellant was omitted from the will because the testator thought her dead. If true, that explains rationally his failure to provide for her, absent an intent to disinherit her. Since such a lack of intention could not appear from the face of the [54 Cal.2d 248] will, she is entitled to prove such by resort to extrinsic evidence.
[11] We now turn to the language of clause Thirteenth. By the terms of that clause testator left $1.00 "to any person or persons who may contest ... or assert any claim ... by virtue of relationship or otherwise ..." The trial court held (and respondent contends) that this language includes appellant, as a matter of law. Such general language, referring as it does to a large class of persons, cannot be deemed, as a matter of law, necessarily to include a close relative who the testator mistakenly thought dead. This conclusion necessarily follows from a review of the history, objects and purposes of the pretermission statute, together with the basic rules of interpretation involved.
[12] Since its origin as a state, California has continuously protected both spouse and children (and to some extent, grandchildren) from unintentional omission from a share in testator's estate. Such protection, unknown to the common law, has been provided by statute, commencing with the Acts of 1850, continued by various sections of the Civil Code, and today appearing in sections 70, 71, 90, 91 and 92 of the Probate Code. Thus the Legislature has indicated a continuing policy of guarding against the omission of lineal descendants by reason of oversight, accident, mistake or unexpected change of condition.
From 1850 to date the courts have announced certain well settled rules of construction applicable to the objects and interpretation of these statutes. Among these are the following:
[13] (1) The sole object of these statutes is to protect children against omission or oversight "which not infrequently arises from ... the peculiar circumstances under which the will is executed." (Payne v. Payne, 18 Cal. 291, 302.)
[14] (2) Neither the pecuniary value, nor the lack thereof, which the child receives, has any effect upon the object of these statutes, the purpose being merely to prevent unintentional omission (Estate of Callaghan, 119 Cal. 571, 574 [51 P. 860, 39 L.R.A. 689]; Estate of Carter, 49 Cal.App.2d 251, 256 [121 P.2d 540]).
[15] (3) Public policy requires that a testator remember his children at the time of making his will (In re Barter, 86 Cal. 441 [25 P. 15]; Estate of Ross, 140 Cal. 282 [73 P. 976]). [54 Cal.2d 249]
[16] (4) "It is the policy of the law that wife and children must be provided for." (Sanders v. Simcich, 65 Cal. 50, 52 [2 P. 741].)
[17] (5) The law does not favor the failure to provide for surviving spouse or children (Estate of Duke, 41 Cal.2d 509, 512 [261 P.2d 235]).
[18] (6) "The heirs of a testator are favored by the policy of the law and cannot be disinherited upon mere conjecture ..." (Estate of Carroll, 138 Cal.App.2d 363, 366 [291 P.2d 976].)
[19] (7) There is a presumption of law that the failure to name a child or grandchild in a will was unintentional (In re Barter, 86 Cal. 441 [25 P. 15]; In re Salmon, 107 Cal. 614 [40 P. 1030, 48 Am.St.Rep. 164]; Estate of Ross, 140 Cal. 282 [73 P. 976]).
[20] (8) Although a testator may lawfully disinherit any or all of his natural heirs if he so desires, in order to avoid the operation of the pretermission statutes, an intent to omit provision for testator's child "must appear on the face of the will, and it must then appear from words which indicate such intent directly, or by implication equally as strong. Any other rule would lead to guesses or to inferences merely conjectural, which would be too unsubstantial to base judgment on." (In re Stevens, 83 Cal. 322, 329-330 [23 P. 379, 17 Am.St.Rep. 252]. See also Estate of Hassell, 168 Cal. 287 [142 P. 838]; Estate of Labrie, 130 Cal.App.2d 235, 237 [278 P.2d 760]; Estate of Carroll, 138 Cal.App.2d 363, 366 [291 P.2d 976].)
[21] (9) "[B]efore what are considered to be the 'natural rights' of children to share in the inheritance of their immediate ancestors shall be taken away, the intent that they shall not so share must appear upon the face of the will strongly and convincingly." (Estate of Hassell, supra, 168 Cal. 287, 288--citing In re Stevens, supra, 83 Cal. 322; Rhoton v. Blevin, 99 Cal. 645 [34 P. 513]; and In re Salmon, 107 Cal. 614 [40 P. 1030, 48 Am.St.Rep. 164].)
[22a] (10) Before a testator may be said to have intentionally omitted his child, it must appear on the face of the will that he had such child in mind at the time of executing the will, and having the child in mind he omitted to provide (Payne v. Payne, 18 Cal. 291; In re Stevens, 83 Cal. 322, 330 [23 P. 379, 17 Am.St.Rep. 252]; Rhoton v. Blevin, 99 Cal. 645 [34 P. 513]; In re Salmon, 107 Cal. 614, 617 [40 P. 1030, 48 Am.St.Rep. 164]; Estate of Callaghan, 119 Cal. 571 [51 P. 860, 39 L.R.A. 689]; Estate of Trickett, 197 Cal. 20 [239 P. [54 Cal.2d 250] 406]--which in turn cites Estate of Lindsay, 176 Cal. 238 [168 P. 113]; Estate of Minear, 180 Cal. 239 [180 P. 535]; Estate of Callaghan, supra; Estate of Hassell, 168 Cal. 287 [142 P. 838]; and Payne v. Payne, supra--Estate of Price, 56 Cal.App.2d 335 [132 P.2d 485]; Estate of Smith, 86 Cal.App.2d 456 [195 P.2d 842], citing 26 Cal.Jur., § 238, p. 925; Estate of Talmadge, 114 Cal.App.2d 18 [249 P.2d 345]; Estate of Eggleston, 129 Cal.App.2d 601, 607 [277 P.2d 469]; Estate of Labrie, 130 Cal.App.2d 235, 237-238 [278 P.2d 760]).
[23] (11) A cardinal rule of interpretation, applicable to cases involving pretermission, requires that the court not only look to the clause under scrutiny, but in determining the testator's intent, it interpret that clause in relation to every other expression in the will (Rhoton v. Blevin, supra, 99 Cal. 645; Estate of Cochems, 112 Cal.App.2d 634 [247 P.2d 131]).
[24] (12) In determining the question of intentional omission, more than in any other situation involving the interpretation of wills, the court must be guided by the individual facts of each case, and must not be governed by previous interpretation of similar words or phrases (Estate of Wilson, 184 Cal. 63, 68 [193 P. 581]; Estate of Henderson, 161 Cal. 353, 357 [119 P. 496]). Applying this rule, the courts of this state have held that under some circumstances the testator's use of the phrase "my children" was intended by him to include all lineal issue (Rhoton v. Blevin, supra, 99 Cal. 645; In re Schedel, 73 Cal. 594 [15 P. 297]), and that, under other circumstances, the use of the same phrase was intended to apply only to the first generation of such lineal descendants (Estate of Utz, 43 Cal. 200, 203-204. See also In re Salmon, supra, 107 Cal. 614). In Estate of Margaretha Pfuelb, 48 Cal. 643, it was held that the words "relation" and "relationship" may, under some circumstances, denote kindred of consanguinity, but under other circumstances may refer to kindred of affinity. Estate of Trickett, 197 Cal. 20 [239 P. 406], although holding that, under the facts of the case, by the use of the word "relatives" the testator intended to refer to those next of kin who would take in the event of intestacy, also held that the word does not have such significance in all circumstances. Estate of Van Wyck, 185 Cal. 49 [196 P. 50], interpreted the phrases "my children," "their descendants," and "my grandchildren," all in such a manner that, under the facts of that case, the reference to general classes did not include all individual members thereof. Citation of further authorities is not required to demonstrate that the statement made in the Wilson [54 Cal.2d 251] opinion to the effect that specific words of kinship must be interpreted in light of the circumstances of each individual case, and not by slavish adherence to the interpretation placed upon the same words under a different state of facts, is a correct statement of law.
[25] (13) Mere general phraseology, standing alone, cannot be construed to indicate an intent to omit provision for a presumptive heir, under every possible circumstance, even if such phraseology includes the word "heirs" (Estate of Axcelrod, 23 Cal.2d 761, 767-768 [147 P.2d 1]).
[26] (14) Strict adherence to the technical meaning of words and phrases must give way, if inconsistent with the testator's intent as shown by the will as a whole (Estate of Olson, 144 Cal.App.2d 694 [301 P.2d 501]).
If these generalities be kept in mind, it is quite clear that the language of the will under consideration does not, as a matter of law, indicate an intent to exclude appellant.
[27] Appellant is obviously not included in that class for whom clause Thirteenth provides $1.00 should they contest the will. This is so, for the obvious reason that appellant is not a contestant. She is a petitioner for distribution, claiming to be a pretermitted heir, and such a person has never been held to be a contestant (Estate of Loyd, 175 Cal. 699 [167 P. 157]; Estate of Sankey, 199 Cal. 391, 405 [249 P. 517]; Estate of Price, 56 Cal.App.2d 335, 338 [132 P.2d 485]; Estate of Smith, 145 Cal. 118 [78 P. 369]; Estate of Cochran, 116 Cal.App.2d 98 [253 P.2d 41]).
[28] In order to bring appellant within the remaining provisions of clause Thirteenth respondent reads into that clause an intent to include the specific person within the general class of persons claiming "by virtue of relationship." It is true that the cases cited by respondent have held that, under the circumstances therein, the words "relation" or "relationship" were deemed to include testator's child. But, as we have shown, words of kinship may not be interpreted solely on the basis of previous definition under another set of facts. Here it is shown that the jury could have found that testator believed appellant to be dead. Hence it cannot be said with utter finality that he intended the phrase "by virtue of relationship" to apply to her.
[29] The will must be interpreted as a whole, giving effect to all of its clauses. While Torregano did not say in so many words that he never had issue, the language of clause Second is meaningless unless it was intended to convey the [54 Cal.2d 252] impression that Torregano was childless. To give it any effect whatsoever, we must presume that testator thought he was without lineal issue. Hence the word "relationship" may not be said, as a matter of law, to have been used with intent to exclude his child. As said in In re Stevens, supra, at page 330, "it is an easy matter to put the question beyond a doubt by naming the children ... in the will, with a nominal legacy, or none at all, from which it will clearly appear that these persons are in the mind of the testator ..." The result must be, as stated in Estate of Cochran, supra, at page 101, " '... it is not in the power of the court, from the will alone, to say whether the testator had a child living or not, or whether he ever had one. As to the children of the testator the will is a mere blank.' " (Quoting from Estate of Price, supra.)
[22b] Directly applicable to the case under consideration is the rule that before a testator may be said to have intentionally omitted his child, it must appear on the face of the will that he had such child in mind at the time of executing the will, and having the child in mind he omitted to provide (see cases cited, supra, under par. 10). [30] If a jury may find from the facts herein that Torregano thought appellant dead, he could not be said to have had her in mind for the purpose of excluding her from his estate. One does not disinherit a deceased person.
[31] Respondent argues that such an interpretation gives little or no effect to clause Thirteenth. We cannot agree. Clause Thirteenth is a typical clause intended to prevent contest. Under the construction of the will in this opinion the clause is given full effect as a no contest clause. Such a clause differs radically from a clause of disinheritance. The true disinheritance clause often fails to name a specific presumptive heir, and yet may be interpreted to exclude the same because of the use of words expressly indicating an intent to disinherit. Typical examples of general disinheritance clauses are: "I purposely leave nothing to anyone not mentioned in this will ..."; "I intentionally leave nothing to any other person, with full knowledge ..."perhaps that most widely used (and most often interpreted to exclude presumptive heirs, even though unnamed) is some form of the clause found in Van Strien v. Jones, 46 Cal.2d 705 [299 P.2d 1], wherein the testator expresses his intent to exclude or leave a nominal sum to any person, not named in the will, "who if I died intestate would be entitled to share in my estate." Such language was also in the will under scrutiny in Estate of [54 Cal.2d 253] Fernstrom, 157 Cal.App.2d 380 [321 P.2d 25], relied upon by respondent. [32] Often a testator combines in one clause provisions intended to bar contest with general language of disinheritance; fn. 8 but we have found no case in which the unnamed presumptive heir was held to be excluded from the will unless that will contained either some express language of intention to omit provision for all but those named, or a complete testamentary plan from which it clearly appeared that testator would adhere to such plan even in the event that it should later appear that he had a presumptive heir who was unknown to him. The Torregano will contains no direct or indirect language of disinheritance, and no inference that testator would adhere to his testamentary scheme in the event that he had a daughter whose existence was unknown to him. [33] While he did leave $1.00 to anyone who might claim by reason of relationship, this clause must be viewed in light of the language of Estate of Carroll, 138 Cal.App.2d 363 [291 P.2d 976] (hearing by Supreme Court denied), wherein it was said, at page 366: "We have been unable to find, nor have we been cited to, any case holding that the mere bequest of a nominal sum constitutes an intent to disinherit under other circumstances than those contemplated in the will."
[34] We have read and analyzed each case cited by respondent for the proposition that appellant is excluded from the Torregano estate as a matter of law, and we find that although the language of some appears to give comfort to respondent's contention, none actually resulted in judgment against the claiming pretermitted heir unless the will included: (a) a specific clause of disinheritance, (b) a general clause expressing an intention to disinherit all those not named, (c) a clause affecting all persons who might have taken in the event that testator died intestate, (d) a clause expressing some doubt regarding the identity of testator's heirs and providing for disinheritance or nominal sums to such persons who may prove to be his heirs, (e) reasons for leaving the entire estate to the named beneficiaries, which reasons exclude the intent to leave anything to other presumptive heirs, or (f) a complete testamentary plan from which the court was bound to find that testator would have left nothing to any other person even though there were presumptive heirs of whose existence [54 Cal.2d 254] he was unaware. fn. 9 We find none of these elements in the Torregano will.
For the reasons assigned, it cannot be said as a matter of law that the language found in clause Thirteenth clearly indicates an intention to omit provisions for testator's daughter. It should require more than such general language to exclude from the operation of section 90 a daughter of whose existence testator was unaware.
[35] Under the circumstances here presented the question of whether or not appellant is a pretermitted heir is one of fact, and the trial court erred in taking it from the jury. Whether appellant is the person she claims to be, whether or not Torregano believed her dead, and whether he intended, under the facts, that the phrase "by relationship or otherwise" should include appellant, are issues which must be determined by the trier of fact. Under the facts of this case such questions are not matters of law.
The judgment is reversed and the cause remanded for a new trial.
Gibson, C. J., Traynor, J., and White, J., concurred.
SPENCE, J.
In my opinion, the majority's reversal of the decree cannot be reconciled with Van Strien v. Jones, 46 Cal.2d 705 [299 P.2d 1]; Estate of Fernstrom, 157 Cal.App.2d 380 [321 P.2d 25], and the cases cited therein.
In Van Strien, this court said at page 707: "It is well settled that where in a will a testator's child is intentionally omitted or given $1.00 or any other sum, section 90 of the Probate Code is satisfied although the child is not mentioned by name. (Estate of Minear, 180 Cal. 239 [180 P. 535]; Estate of Lindsay, 176 Cal. 238 [168 P. 113]; Estate of Hassell, 168 Cal. 287 [142 P. 838]; Estate of Doell, 113 Cal.App.[54 Cal.2d 255] 2d 37 [247 P.2d 580].) The use of such terms as 'relatives' and 'children' have been held sufficient to designate heirs who might otherwise be pretermitted (Estate of Trickett, 197 Cal. 20 [239 P. 406]; Rhoton v. Blevin, 99 Cal. 645 [34 P. 513]; cf. Estate of Utz, 43 Cal. 200), but such generalities as 'anyone who may contest this will' and 'any other person' do not include heirs otherwise pretermitted (Estate of Price, 56 Cal. App.2d 335 [132 P.2d 485]; Estate of Cochran, 116 Cal.App.2d 98 [253 P.2d 41])."
This court there recognized that the general language of a simple "no- contest" clause, such as "anyone who may contest this will" or "any other person," is insufficient to satisfy section 90 of the Probate Code. On the other hand, this court further recognized that an affirmative expression of intention to disinherit, or to leave a nominal amount to, all other persons, known or unknown to the testator, who might claim to be his "relatives" or "heirs," is sufficient to satisfy the requirements of said section.
In the present case, the will of the testator clearly and affirmatively manifested his intention to disinherit, except to the extent of a nominal sum of one dollar, "any person or persons who may ... assert any claim to share my estate by virtue of relationship or otherwise. ..." (Emphasis added.) This is not a simple "no-contest" clause but, on the contrary, the clause clearly shows the testator's intention to disinherit, except to the extent of one dollar, any person who might assert a claim by reason of being a relative of the testator. Such a clear and unambiguous expression of the testator's intention should suffice. (Van Strien v. Jones, supra, 46 Cal.2d 705; Estate of Trickett, 197 Cal. 20 [239 P. 406]; Estate of Minear, 180 Cal. 239 [180 P. 535]; Estate of Lindsay, 176 Cal. 238 [168 P. 113]; Estate of Fernstrom, supra, 157 Cal.App.2d 380; Estate of Allmaras, 24 Cal.App.2d 457 [75 P.2d 557]; Estate of Lombard, 16 Cal.App.2d 526 [60 P.2d 1000].)
Under the cited authorities, the fact that the testator combined the disinheritance clause with a "no-contest" clause appears immaterial. Furthermore, the fact that the testator declared in clause "Second" of his will that he had no issue of a second marriage but made no reference to a prior marriage or issue thereof tends to defeat rather than to support appellant. In Estate of Fernstrom, supra, 157 Cal.App.2d 380, the court said at page 385 that "the rule is settled that when a testator has declared in his will that he intends to omit all heirs not therein provided for, such declared intention and [54 Cal.2d 256] purpose will be given effect and it is immaterial whether the testator knew of the existence of the particular claimant or whether the particular claimant was in the testator's mind. In the Allmaras, Lombard and Minear cases, it appeared from the wills involved that the testators did not have the unsuccessful claimants in mind, for, in each of those cases, as in the instant case, the testator declared that he had "no children." If a testator's erroneous statement in his will that he has no children does not vitiate the effect of a general disinheritance clause, a fortiori, a correct statement, such as made by the testator here, that he has no children by a particular marriage should not do so. Moreover, the very limitation by the testator of clause "Second" to a denial of issue of his second marriage clearly indicates the testator's recognition of the possible existence of issue of a prior marriage to whom the disinheritance clause was particularly intended to apply.
In the light of the cited authorities and the clear expression of the testator's intention in his will, I am of the opinion that the trial court properly ruled, as a matter of law, that appellant was not entitled to share as a pretermitted heir.
I would affirm the decree.
Schauer, J., and McComb, J., concurred.
FN 1. Section 90 of the Probate Code reads: "When a testator omits to provide in his will for any of his children, or for the issue of any deceased child, whether born before or after the making of the will or before or after the death of the testator, and such child or issue are unprovided for by any settlement, and have not had an equal proportion of the testator's property bestowed on them by way of advancement, unless it appears from the will that such omission was intentional, such child or such issue succeeds to the same share in the estate of the testator as if he had died intestate."
For the purposes of this appeal, the provisions of section 91 are immaterial.
FN 2. Probate Code, section 1080, provides for the filing of a petition such as was filed herein by plaintiff, for the written statement filed by defendant, and for a hearing on the issues thus raised. No other pleadings are required. Section 1081 provides that the factual issues be tried by a jury, unless waived.
FN 3. The sole specification of uncertainty or ambiguity was that it could not be determined from the petition whether plaintiff was a legitimate, illegitimate or adopted daughter. Whether or not such fact was material, plaintiff cured the claimed defect by her answering affidavits. The claim that the petition did not state facts sufficient for a determination that plaintiff is a pretermitted heir is answered by the allegations of the petition framed in the language of section 90 of the Probate Code, including the allegation that the omission of provision for her was unintentional. Had defendant further specified an ambiguity or uncertainty in the failure to allege how or in what manner the omission was unintentional, he might have raised a valid point of pleading, but in such event plaintiff would have had an opportunity to amend. Furthermore, the will was not then before the court, leaving no possibility to test the pleading as a matter of law. For these reasons there was no error in the order denying the motion of April 18th. By the time the court acted on the motion of May 15th (see below) all of the evidence was in, and the question raised was no longer a mere matter of pleading, but one of legal and factual issues raised by that evidence.
FN 4. No inference of bigamy is to be inferred by reason of this subsequent marriage. No evidence was offered in rebuttal of the testimony from which the jury may have found that testator believed Viola to be dead. On the contrary a legal presumption operates in favor of absence of any intent to commit bigamy (Code, Civ. Proc., § 1963, subds. 1 and 33). This presumption, together with the fact that he remarried within two years of the date that his mother told him that his wife and child were dead, is convincing evidence that testator believed his mother's statement to be true.
FN 5. The submitted motion, made orally at the start of the trial, was actually termed a "motion for judgment on the pleadings," but we do not deem this inconsistency between motion and order to be of any legal significance herein.
FN 6. Including the more recent Estate of Nessel, 164 Cal.App.2d 798 [331 P.2d 205], which used the same language at page 804.
FN 7. Probate Code, section 105, reads as follows: "When there is an imperfect description, or no person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence, excluding the oral declarations of the testator as to his intentions; and when an uncertainty arises upon the face of a will, as to the application of any of its provisions, the testator's intention is to be ascertained from the words of the will, taking into view the circumstances under which it was made, excluding such oral declarations."
FN 8. An example of the use of both the intentional disinheritance clause and a combination of disinheritance and no contest clause is found in the will involved in Estate of Brown, 164 Cal.App.2d 160 [330 P.2d 232].
FN 9. This is not to say that in the absence of some such language in the will no case may result in a determination of intent solely as a question of law. Such might be the result when the language of the will creates an inference of intent to omit provision for a presumptive heir, and claimant has failed to either allege or offer proof of an absence of intent to omit. Under such circumstances it could be said that claimant failed to raise a factual issue, thus requiring the court to determine the case as a matter of law. It is interesting to note that most of the cases cited by respondent (and this is particularly true of Van Strien v. Jones and Estate of Fernstrom, supra) came before the appellate courts either on demurrer sustained, or under such circumstances that proof of lack of intent was not offered. In the instant case we are not called upon to determine what might have been the result had petitioner failed to allege or offer proof that the omission was unintentional.
Tue, 05/24/1960 54 Cal.2d 234 Review - Criminal Appeal Opinion issued
1 GLADYS TORREGANO STEVENS, Appellant, v. ALFRED TORREGANO (Respondent)
2 ALFRED TORREGANO (Respondent)
May 24 1960 Opinion: Reversed
SCOCAL, Estate of Torregano , 54 Cal.2d 234 available at: (https://scocal.stanford.edu/opinion/estate-torregano-29798) (last visited Sunday January 16, 2022).


text:
RABBITTVGO
Search for a specific TV show or Movie you love.
This guide only represents a sampling of the content available through Rabbit TV's subscription service.
For access to the complete Rabbit TV guide, Login or Sign Up.
"Movies by actor: Joanna Lumley"
Choose Category: Movies
Absolutely Anything will follow a disillusioned school teacher, Neil Clarke (Pegg) who suddenly finds he has the ability to do anything he wishes, a challenge bestowed upon him by a group of power-crazed aliens (voiced by Cleese, Gilliam, Jones, Palin & Idle), watching him from space. As he struggles to deal with these new found powers and the events that subsequently arise, he calls upon his loyal canine companion Dennis (voiced by Robin Williams) to ...
Appropriate for their big screen debut, Edina and Patsy (Jennifer Saunders and Joanna Lumley) are still oozing glitz and glamour, living the high life they are accustomed to; shopping, drinking and clubbing their way around London's trendiest hotspots. Blamed for a major incident at an uber fashionable launch party, they become entangled in a media storm and are relentlessly pursued by the paparazzi. Fleeing penniless to the glamorous playground of the super-rich, the French Riviera, ...
An adaptation based on Lewis Carroll's immortal tale of fantasy and wonder that follows the tale of a young girl who falls asleep in a meadow and dreams of entering a magical world, filled with strange adventures and magical creatures.
Heather Graham and Gillian Anderson star in this sexy comedy about the lying, cheating and back-stabbing behind the glamorous facade of the art world.
From Academy Award winning director John Schlesinger comes a brilliantly witty film. Starring Kate Beckinsale (Pearl Harbor) as Flora Poste, a London society girl, and Joanna Lumley (Absolutely Fabulous) as Flora's friend and mentor, this heartwarming comedy is full of charm and clever satire. Recently orphaned, Flora ignores the sage advice of Mrs. Smiley (Lumley) and moves to the country to live on a decrepit farm with her eccentric relatives. Fancying herself a writer, Flora ...
Set in a 19th-century european village, this stop-motion animation feature follows the story of Victor, a young man whisked away to the underworld and wed to a mysterious corpse bride, while his real bride Victoria waits bereft in the land of the living.
Curse of the Pink Panther
Interpol's Chief Inspector Dreyfus (Herbert Lom) couldn't be happier-- his nemesis, bumbling Inspector Jacques Clouseau, seems to have vanished. Dreyfus has a brilliant idea...he will program Interpol's computer (named Aldous) to select the world's worst detective (other than Clouseau, of course) to aid in the search. The computer comes up with a klutzy New York City police detective named Clifton Sleigh (Ted Wass), who soon lives up to his reputation for incompetence. With Sleigh on ...
On the day of her birth, Ella (Anne Hathaway) is given a gift by her Fairy Godmother the gift of obedience, which is also a curse. Under no circumstances can Ella refuse anything she is asked to do, no matter how wicked it may be. Tired of being taken advantage of, Ella, with a talking book as her companion, leaves home to find her Fairy Godmother and return her unwanted gift. This simple errand soon ...
Scott Thomas is reluctant when his longtime cyber-buddy from Berlin, Mieke, suggests they meet face-to-face. But when he discovers his pen pal is a gorgeous young woman, Scott embarks with his friends on a trip across Europe. On their wild journey toward Berlin, the buddies meet zealous football hooligans, an overly affectionate Italian and travelogue maven Arthur Frommer.
Finding Your Feet
When 'Lady' Sandra Abbott (Imelda Staunton) discovers that her husband of forty years is having an affair with her best friend, she seeks refuge with her estranged, older sister Bif (Celia Imrie). The two could not be more different - Sandra is a fish out of water next to her outspoken, serial dating, free-spirited sibling.
When young orphan James spills a magic bag of crocodile tongues, he soon finds himself in possession of a giant peach that flies him away to strange lands. But that's not half as odd as the oversize talking insects he finds living inside the peach.
Late Bloomers
Late Bloomers stars Isabella Rossellini and William Hurt as a married couple pulled apart by the threat of old age. Each reacts in a different way: Hurt's distinguished architect chases after his glory days, while Rossellini's housewife installs handrails about the house.
Young and quirky Louisa "Lou" Clark (Emilia Clarke) moves from one job to the next to help her family make ends meet. Her cheerful attitude is put to the test when she becomes a caregiver for Will Traynor (Sam Claflin), a wealthy young banker left paralyzed from an accident two years earlier. Will's cynical outlook starts to change when Louisa shows him that life is worth living. As their bond deepens, their lives and hearts ...
On Her Majesty's Secret Ser...
In this sixth 007 adventure, Secret Agent James Bond (George Lazenby) again confronts the infamous arch-villain and SPECTRE chief Ernst Stavro Blofeld (Telly Savalas), who is planning a biological-warfare assault on the entire world by introducing sterility spores into the world's agricultural supplies. Bond meets his match in a beautiful, intelligent and enchanting woman, Tracy Draco, whom he had rescued from an attempted suicide by drowning. Through Tracy's international Mafioso-ish father, Bond gains entry into ...
Paddington, now happily settled with the Brown family in Windsor Gardens, has become a popular member of the community, spreading joy and marmalade wherever he goes. While searching for the perfect present for his beloved Aunt Lucy's 100th birthday, Paddington spots a unique pop-up book in Mr. Gruber's antique shop, and embarks on a series of odd jobs to buy it. Hilarity and adventure ensues when the book is stolen and Paddington and the Browns ...
In Cinemas Now. Jennifer Aniston stars in Peter Bogdanovich's much-anticipated return to the silver screen, She's Funny That Way, young Hollywood starlet Isabella (Imogen Poots) recalls how the actions of charming Broadway director, Arnold (Owen Wilson), changed her life forever. A classic style New York romantic comedy with touches of classic screwball and a sprinkling of terrific cameos, the former escort reminisces to a reporter (Illeana Douglas) about her rags to riches fairy tale - ...
Wondering what has happened to herself, now feeling stagnant and in a rut, Shirley Valentine finds herself regularly talking to the wall while preparing her husband's chips and egg. When her best friend wins a trip-for-two to Greece Shirley begins to see the world, and herself, in a different light.
Based upon the Celtic legend Tam Lin, a young man is bewitched by a beautiful, heartless, aging sorceress to become her lover. When his attention wanders to a lovely girl, he is doomed to ritual sacrifice by the sorceress.
From acclaimed director Peter Bogdanovich comes an extraordinary look at a fateful excursion aboard William Randolph Hearst's private yacht in November 1924 that brought together some of the country's best known personalities and resulted in a still-unsolved, hushed-up killing. As Hearst and his lover, actress Marion Davies, set sail from San Pedro Harbor early one Saturday morning, hosting a small group that includes the brilliant but self-absorbed Charlie Chaplin, film pioneer Thomas Ince, ambitious gossip ...
The Making of a Lady
From PBS - Based on the novel by celebrated writer Frances Hodgson Burnett (The Secret Garden), this is the story of the educated but penniless Emily (Lydia Wilson, South Riding). During her duties as a lady's companion for Lady Maria (Joanna Lumley, Absolutely Fabulous), she meets her employer's wealthy widower nephew, Lord James Walderhurst (Linus Roache, The Wings of the Dove). Accepting his practical if unromantic marriage proposal, Emily finds solace in the company of ...
The Satanic Rites of Dracula
A dying man's report of a ritual Black Mass stirs Britain's security chief, Colonel Mathews, and scholar Van Helsing into action. They discover a mansion filled with young vampire girls clawing at victims - held in coffins - and Dracula himself. Starring horror legends Christopher Lee and Peter Cushing ("Star Wars"), Freddie Jones ("Firefox") and Joanna Lumley ("Absolutely Fabulous"), and directed by Alan Gibson ("A Woman Called Golda").
The Tale of Sweeney Todd
The fictional tale of the murderous 19th century barber (Ben Kinglsey) who sold his kills to a neighboring butcher (Joanna Lumley) for her renowned meat pies. A young innocent (Selina Boyack) and the dashing inspector (Campbell Scott) who tries to solve the murders are also thrown into the mix.
Sex. Money. Power. Drugs. Brace yourself for an outrageous true story from legendary filmmaker Martin Scorsese that critics are calling "a masterpiece for a new generation."* Leonardo DiCaprio delivers "the best performance of his career"** as a young stockbroker hungry for a life of non-stop thrills, where corruption was king and more was never enough. His rise to power earned him the title The Wolf of Wall Street. Together, Scorsese and DiCaprio deliver a story ...
Trail of the Pink Panther
The Pink Panther diamond is stolen once again from Lugash and the authorities call in Chief Inspector Clouseau from France. His plane disappears en-route. This time, famous French TV reporter Marie Jouvet sets out to solve the mystery and starts to interview everybody connected to Clouseau.
Whispers: An Elephant's Tale
In the tradition of Disney's Homeward Bound, Disney's heartwarming, thrilling, and majestic Whispers: An Elephant's Tale is an unforgettable adventure your entire family will love. Whispers, an innocent and adorable baby elephant who's just learning to walk on his own four feet, finds himself separated from his loving mother, Gentle Heart. In his desperate search to find her, he meets the cynical loner Groove, an outcast from her own herd who never wanted to be ...
Buy Rabbit TV Plus


The long, national nightmare is over and President Trump has been vindicated. The corruptly-created and constitutionally abusive Mueller investigation failed to find any evidence to support the big lie that the Trump campaign colluded with the Russian government.
We're pleased that AG Barr rejected Mueller's attempt to smear President Trump with obstruction of justice innuendo by concluding that no such charges could be credibly sustained. Frankly, Mueller never had a valid basis upon which to investigate President Trump for obstruction of justice.
Let's be clear, neither Mueller, the Obama FBI, DOJ, CIA, State Department, nor the Deep State ever had a good-faith basis to pursue President Trump on Russia collusion. Russia collusion wasn't just a hoax, it is a criminal abuse, which is why Judicial Watch has fought and will continue to fight for Russiagate documents in federal court.
The targeting of President Trump served to protect Hillary Clinton and her enablers/co-conspirators in Obama administration from prosecution. Attorney General Barr can begin restoring the credibility of the Justice Department by finally initiating a thorough investigation of the Clinton emails and related pay-to-play scandals and the abuses behind the targeting of President Trump.


text:
What Is The Best Way To Buy A Property?
What is the Best Way to Buy a Property
Joe: Hey, it's Joe. I've got another example deal here. "I have a house in Terre Haute, Indiana. It's worth about $50,000 and the seller will sell it for $32,000." That's a good deal, sounds like. "Her husband died and she can't keep it up any longer. She wants to move into an apartment. It'll rent for $650 and is in pretty good condition. It maybe needs $5,000 in upkeep. She'd like all cash but she could take payments. What's the best way to buy this one?"
Joe: Now, the way that I would suggest and the way that's going to be most profitable for you is to take this property as a buy and hold. You keep this property. It's in decent condition. You don't have too much money that you have to put into fix it up. But if you don't have $5,000 then you have to find somebody else to work with you to come up with that five grand or you have to sell it to somebody in a way that allows them to put their own money in to fix it up. You want to make sure that that $5,000 that's needed is for cosmetic things, not for habitability issues. If it's, and it could be furnace, but you know, it could be some habitability issues, but you don't want it to be the roof. If the roof is compromised, that needs to be fixed before you take that property over. Or you need to fix it as soon as you get it, so you don't destroy the house. A bad roof will make the house go downhill very quickly and it'll depreciate it very quickly. If it just needs a furnace or something, then you could sell it on a land contract. You couldn't sell it on a lease option. A lease option has to have a habitable property. It can smell bad, it could have terrible carpet, terrible paint, but it has to be habitable. It has to be able to close up, has to have heating, has to have electrical, has to have lights, you know, has to have all the functions of a house have to be in place for you to do that. So you can sell it on a lease option if it's that.
Joe: But you sell it on a land contract if it's a fixer upper. So it maybe this one you buy it, you've, you do it with a, you sell it on a land contract and you buy it on a land contract so it's going to be an assignable land contract and you're going to get a purchase agreement on it. You're not actually going to, you're not going to close it. You're going to, if you're going to flip it to somebody else instead of keep it for your portfolio you're going to get a purchase agreement that's assignable instead of close the deal and transfer it.
Joe: So you get a purchase agreement that's assignable for say, $32,000 and you've got $650 a month of income that could come in on this property, which is what they're going to expect so you maybe say $200 goes toward taxes and insurance. That means you've got $450 left. You want a little bit of money if you're going to keep it yourself for your own income, so let's say you've got $300 a month on that. On a $32,000 property, $300 a month is 106 months divided by 12 – you're looking at eight years and this property is paid off. If you're not paying any interest. So the goal here is not to pay interest. It's an interest free loan that every dollar that's paid towards a payment goes toward principal. That'll make it pay off so much faster. If you're doing a thirty-year mortgage on this, it would only be in the $250 range or $225 range. You know, but for $300 a month with no interest then you could pay the thing off in eight years.
Joe: So it's really a beautiful way to buy this property and keep it for your portfolio or you buy it and you sell it to an investor so, let's say you raise the price to $42,000, sell it to an investor, and they put a lease option tenant in there at $52,000. Or, you sell it, you keep if for your own portfolio and you sell it for $50,000 to a lease option buyer and they make payments of $650 to you and you make payments to the seller and you keep that other $150 a month for yourself as cash flow, but all the money that comes in goes toward paying the principal and it's paid off in eight years and eventually you're going to be in a place where you're making $400, $500, $600 a month of income from a property that you only had for eight years. That's a beautiful thing and these are the kinds of deals that especially in rural areas I'm seeing, I've got a lot of students that are working in rural areas and they see a lot of these types of deals and these are the kind, this is the way you should structure these types of deals.
Joe: So again, you can either structure it so you're going to keep it and sell it, you know, on a lease option, or you're going to immediately flip it to an investor and then sell it to a, you can also sell it to a lease option buyer, get a lease option payment you know, down. You could also get the down payment from the seller and you leave enough spread in there so that he's got a little bit of profit plus he's got income plus he's got the buy down on the note. If they don't exercise the option, he makes a bigger profit. If they exercise the option, he still makes a profit so it's good for him. So there's all these different ways to do this if you understand these zero down structures.
Joe: If you don't know the zero down structure hierarchy, get that book "Structuring Zero Down Deals" by that famous author, Joe Crump, on Amazon. It's Kindle book and you can do that.
Joe: All right. Hope that helps.
in Videos, Working With Sellers
Tagged: buy property
Do You Buy Properties In Real-Time At The Buying Event?
Will You Teach Me How To Buy Property Without Talking To Sellers?
Do You Teach To Buy Residential Or Commercial Properties?


text:
Epidemicly Later'd
Get Outta Town: Serbia
The Coachella Valley Art SceneThe CVAS Blog 0
THURSDAY NIGHT: a FREE Foreign Film Screening
travel to Serbia for free via the big screen
at the Palm Springs Art Museum
701 Museum Drive, Palm Springs
starts sharp at 6:00pm
a film by Vladimir Perisic
Serbian, with subtitles in English
Serbia, 2009 (79 minutes)
On a seemingly average day, a busload of young soldiers is sent to a remote location in the countryside and given a macabre task: the execution of a number of civilians. Dzoni, a green recruit, initially objects, but as he moves from one killing to the next, he is swept up by the spectre of military authority, and quickly becomes desensitized by the apparently routine nature of his task. As he nears the end of his assignment, the quiet horror of the day slowly begins to affect him, forcing a painful reconciliation with his actions. Set in an unspecified time of conflict in the Balkans, director Vladimir Perisic's highly attuned and unsentimental lens captures the psychological toll of war on its participants, and the universal struggle of all soldiers to reconcile morality with action.
Vladimir Perisic was born in Serbia in 1976. He studied film direction at the Faculty of Drama Arts, Belgrade and at La Femis, Paris, receiving his diploma from the Directing Department. He has directed several short films including Realitatvirtustand Miloch. His graduation film, Dremano Oko, was selected for Cinefondation at the Cannes International Film Festival in 2003. Ordinary People is his first feature film.
www.PSMuseum.org
global film initiative
Previous ArticleWednesday Night Rendezvous
Next ArticleExplorations of the Desert: Backyard Oasis
Get Outta Town: Uruguay
Sarah Scheideman November 4, 2010
Get Outta Town: Iran
Get Outta Town: Peru
Get Outta Town: Algeria
Get Outta Town: India
Get Outta Town: South Africa
Sarah Scheideman December 16, 2010


A man is set to be stripped of his premises supervisor role at a Stafford shop after being convicted of food safety offences.
Tajinder Singh admitted three charges earlier this year relating to incorrect labelling of wine and lager and selling a bottle of wine described as tasting "astringent" at the 1st Stop store in Wolverhampton Road.
The company 1st Stop (Stafford) Ltd was convicted two months later of six offences, including avoiding duty, mislabling of wine and Polish lager and a sale to an underage buyer. The company was fined £6,160 and ordered to pay a further £647 in costs.
Following the convictions Trading Standards called for a review of the Wolverhampton Road 1st Stop's premises licence by Stafford Borough Council.
A licensing sub-committee hearing was told on Monday that the store had been involved in the sale of cider to a 16-year-old.
Trading Standards called for a series of "tighter and more meaningful" licensing conditions and for Mr Singh to be removed from his role as Designated Premises Supervisor (DPS).
He was also previously the Premises Licence Holder (PLH) for the Wolverhampton Road 1st Stop from May 2010 to June 2018.
The store's premises licence was transferred to a different company, Midlands Commodities PLC, in June. The meeting was told that none of the incidents or offences referred to during the hearing related to Midlands Commodities.
Jake Flanagan, representing Midlands Commodities PLC at the hearing, said: "Mr Singh sold the business in its entirety to Midlands Commodities PLC, a wholesale business in Birmingham. He was kept on simply because he knew the business and there was a handover period.
The licensing conditions include no purchase of alcohol or tobacco from a "non-authorised" vendor calling at the premises. And a register of authorised visits from representatives of limited companies or PLCs must be maintained by the DPS and/or the PLH.
A stock control system must also be maintained and invoices, or copies of invoices, for all alcohol and tobacco products stored and/or sold at the premises must be maintained and made available to officers from responsible authorities within five working days of a request.
Speaking after Monday's hearing Councillor Gill Heath, Cabinet Member for Communities at Staffordshire County Council said: "It's vital that food and drink businesses follow the legal safeguards that have been put in place to ensure that food is safe for people to eat and drink.
"Proper stock control systems and food labelling are simple requirements that ensure food is safe and not harmful to people's health.


Note-taking and outlining skills are applied as students create unit Study Guides for their classmates. All subjects!
work cooperatively in small groups.
practice note-taking and outline skills.
use critical thinking skills as they decide the most important points to be included in a Study Guide.
create a Study Guide that their classmates will use as they study for a test.
This activity is a good one for reviewing major concepts at the end of a unit, before a test. It puts responsibility on students for summarizing information learned as they create a Study Guide for their classmates to use as they prep for the final test.
Note: This lesson also serves as a lesson in note-taking. The process/structure of the lesson is created to mimic the process of student note-taking. It requires that students select key words, concepts, and ideas; review those ideas with an eye to narrowing their selections to only the most important/essential information; and preparing those notes so they are a helpful Study Guide.
Before doing this end-of-unit activity, make a list of the four or five major concepts you want students to learn/know as a result of this study unit. Once you've made the list, create five or six questions that get at the most important points students should take away from the unit.
What caused the Civil War? Narrow your list of causes to the five that your group agrees were probably the most important causes. Explain why each cause is on your list.
Which three battles do you consider the most decisive of the war? Why?
If you had to select five people who were the most important figures of the Civil War era, who would those people be? Explain the important role they played. (Note: At least one of the five people should be a woman or an African American.) Unlike most previous wars, the Navy played a key role in the Civil War. Explain four events in which the Navy was involved.
After the war, the United States underwent a period of "Reconstruction." What were the three most significant results or ramifications of that period of time? Explain the importance of each.
Arrange students into groups of 4-5 students; mix student ability levels within each group. Assign each group one of the review questions you created that highlight the "essential learning" that students should carry away from the unit just completed. Provide students with four class periods to write a Study Guide summarizing the most important information about the question/topic.
The schedule is flexible. Adjust/adapt by merging steps if you want to shorten the time period. If the activity is replacing a unit that might normally be presented in two weeks or more, you might add a "research day."
Explain to students that you will present each group with a "big question" related to the topic of study. Their goal is to create a Study Guide of no more than a single page presenting everything their classmates "need to know" about that question.
Note: If you have instructed students in the skill of outlining, you might require each group to submit their final Study Guide in outline format.
Share (10 minutes): Students share in their groups their "first response" ideas to their question. This activity is completed without referring to books. One student in each group records the students' responses.
Research (30 minutes): Students work on their own to supplement the group's "first responses" to the question. They can refer to textbooks, class notes, or other key resources for more information.
More Sharing (10 minutes): Students share the results of their research.
Homework: Each student in the group is responsible for writing a paragraph to support each of his/her responses to the group's question. Note: The students have not yet narrowed their group's responses to the required number, so this assignment presents each student with an opportunity to offer their best thoughts/responses to the question.
Homework Discussion (15 minute): Students determine the most common responses. They consider any additional responses presented in the homework assignments. They agree on the responses they will include in the Study Guide.
Drafting the Study Guide (35 minutes): The group produces the Study Guide. List the final responses; beneath each response include three or four points to justify its inclusion. Each student takes his/her own notes.
Homework: Each student uses his or her notes from the Study Guide discussion to write a final draft of the Study Guide sheet the group will present to the class. Each student should write three or four solid statements support his/her decision to include each response.
Homework Discussion (15 minutes): Students pool their responses/support statements. They discuss and select the four support statements that make the strongest case for each response. Each student in the group adds notes to his or her Study Guide to reflect the group's final decisions/choices.
Presenting the Guides (35 minutes): Each group has 5-7 minutes to present its Study Guide to the class. Each group selects a person to start the presentation. (You might moderate the presentation to ensure that each student in the group contributes; for example, after one student has presented the first response and support statements, you might say something like, "Thank you, Sara, for presenting the first response. Maybe Robert can pick up your group's presentation from that point") As each group presents, the rest of the students take notes. After each group has presented, if students in that group have missed what you consider to be an essential point, this is the opportunity for you to share that point. Students might include your point in their final draft of the Study Guide.
Homework: Each student creates a final version of the group's Study Guide. The Guide must be created using a word processing program or in their neatest handwriting. The Guide cannot be longer than one side of a single sheet of paper.
Students use the Study Guides they created as a tool for studying for an end-of-unit test. (You might even use them as the tool for creating the test!) Students might even have the Study Guides at their side during the test. In that way, the test is also a test of students' note-taking abilities; it emphasizes the importance of taking good notes. You might present a variety of questions on the final test/assessment.
Matching question: Match each person listed in the first column below with the statement in the second column that describes one of that person's significant contributions to the Civil War.
True/false-and-explain question: Do you agree or disagree with the following statement? The Navy played a key role in the Civil War. Explain your response.
Refer to Test Day section above.


Supporters of the bill, approved by the Republican-controlled House Subcommittee on Criminal Justice on Tuesday, contend that it was merely to resolve questions about how to put Amendment 4, which voted in November, into practice.
But the rights would be unfairly punishable by those who are able to pay and undermine the central objective of the amendment: permanently disenfranchisement.
of Florida voters said very clearly, "said Sean Morales-Doyle, a lawyer at the Brennan Center for Justice in New York.
The bill, which would also clarify the relevant offenses, passed the subcommittee by a vote of 10 to 5, split along lines, with the Democrats opposed.
The financial question led a Democratic opponent of the bill, Representative Adam Hattersley, to label it "blatantly unconstitutional as a poll tax," a reference to the fees used to keep African-Americans from voting in the South starting in the 1890s. (Granted by Gridians with felony convictions are white.) Representative James Grant, a Republican and the subcommittee's chairman, who sponsored the bill, disputed that characterization, saying it diminishes The atrocity of what a poll tax was actually, "The Miami Herald reported. Mr. Grant did not immediately return a call for comment on Wednesday.
Mr. Grant has said that the goal of the bill is to establish a uniform set of criteria to determine who is legally eligible to vote, and that the language reflects what lawyers said while explaining the ballot question language to the state's Supreme Court. 19659002] Politico reported Tuesday that the measure was expected to move easily through the House, and that the Senate was its own bill containing "guidance" on how the amendment should put into effect. Both chambers are controlled by Republicans. Gov. Ron DeSantis, also a Republican, is the amendment and has voiced support for its implementation.
The Florida Rights Restoration Coalition, which led the amendment, said it was billed because it would broaden the definition of " completion of sentence was previously established by the state's Clemency Board, among other groups.
Almost no waivers are granted to the indigent, she said. Fines and feasts can rise quickly with late penalties, and can be sent to private collection agencies that add their own hefty surcharges. A 2010 report by the Brennan Center on the Florida court's reliance on fees noted that observers had coined a term for it: "cash register justice."
"What this will do, an effect, is franchise people who can't afford to pay all of these bonds," she said.
Both the Brennan Center and the ACLU Acting as consultants to the coalition in drafting Amendment 4, they said.


Michalis is Ioannis' younger brother. He is so hard to read that even Ioannis doesn't understand him correctly most of the time. Michalis seems to be in awe of something. He is attracted to the MC and would show you a side of him that no one else has ever seen.


A LITTLEPORT man retired last month after working at a farm in the town for 50 years.
Carol Johnson, who celebrated his 65th birthday on Christmas Eve - hence the name Carol - went to Butcher's Hill Farm on Wisbech Road, Littleport, in January 1956 to look for work, aged just 15.
"I came up one morning to see the foreman here and he said you can start after lunch," he said.
He actually started the next day and continued to work at the farm for the next 50 years, starting first as a chaff-minder before he worked his way up to become a foreman himself.
He now lives at the farm.
Mr Johnson, who was a tractor driver for most of his time at the farm, said the most significant change in his working life has been the introduction of new technology.
"Obviously a lot of the harder work's been taken out of it, with the machines," he said.
At 17, Mr Johnson graduated to a man's wage, but not before he had proven himself by carrying an 18-stone coomb of corn up a ladder and onto a trailer.
He said he has stayed at the same farm for so long simply because he has been happy there.
"I have enjoyed it - otherwise I wouldn't have stayed there so long, he said."
Mr Johnson, who has been married to his wife Claudette for 38 years, said he hoped to continue working at the farm for two or three days a week.
"I don't want to retire completely," he said. "The work will keep me out of mischief."