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=====================================================================
CFJ 1079
"Zefram's objection to the plan for the termination of Calabresi's
estate, in message 199801141153.laa0969-@taos.demon.co.uk,
lacks foundation."
======================================================================
Judge: Blob
Judgement: TRUE
Eligible: Blob, Chuck, Crito, elJefe, General Chaos, Harlequin, Jester,
Kolja A., Michael, Morendil, Murphy, Oerjan, Steve, Swann
Ineligible:
Caller: Zefram (not a player)
Barred:
On request:
On hold: Andre
======================================================================
History:
Called by Zefram, 14 Jan 1998 12:16:23 +0000
Assigned to Blob, 14 Jan 1998 21:44:09 +0000
Judged TRUE, 19 Jan 1998 21:06:13 +1100
======================================================================
Caller's Arguments:
<none>
======================================================================
Judge's Arguments:
Rule 1738 defines foundation as follows:
An objection to a Plan for disposition has foundation if it
properly alleges that:
a) the Plan constructed is not in accord with the provisions
of the Probate Code;
b) the Plan disregards the Will (if any) of the entity in
Probate;
c) the implementation of the Plan as constructed would be
substantially unfair to a creditor or heir of the entity in
Probate; or
d) the Plan would not fully dispose of the estate of the
entity in Probate.
Zefram's objection did not satisfy any of these criteria, so the given statement
is TRUE. (Appeal this one if you dare!)
======================================================================
Evidence provided by Judge:
Rule 1738/3 (Power=1)
Executors in Probate
Whenever there is an entity in Probate which does not have an
Trustee, the Notary shall nominate a Player to be that entity's
Trustee. E shall announce this appointment in the Public Forum.
As soon as possible after the Notary announces the appointment
of a Trustee for an entity in Probate, each Recordkeepor, with
respect to the Currency of which e is the Recordkeepor, shall
provide to that Trustee an accounting of the number of units of
that Currency held by the entity in Probate, and a list of all
Payment Orders naming the entity in Probate as either Payor or
Payee.
As soon as possible after the Trustee has received all of the
reports required by the previous paragraph, e shall formulate
and announce in the Public Forum a Plan for the disposition of
the estate of the entity in Probate according to the provisions
of the Probate Code. However, if the Trustee determines, during
the course of constructing the Plan, that any of the credits or
debts of the entity in Probate is disputed, e shall announce
this fact in the Public Forum, and shall neither formulate nor
announce a Plan until after the dispute has been settled, and
shall do so as soon as possible after the dispute has been
settled.
If no legally-made objection to the Plan is posted in the Public
Forum during a waiting period of seven days following its
announcement, the Trustee shall, as soon as possible after the
expiration of thia waiting period, perform whatever steps are
necessary to implement the Plan for disposition. If there is a
legally-made objection, the Trustee shall, as soon as possible
after the objection is announced, formulate and announce a new
Plan as above, repeating the process until there is no
objection.
However, if a CFJ is made alleging that an objection to a
Trustee's Plan lacks foundation, then the Trustee shall neither
formulate a new Plan nor implement the existing Plan until the
CFJ is resolved. If a CFJ finds that an objection lacks
foundation, then the Trustee may proceed as if that objection
had never been made, and any attempt to announce that same
objection again is not legally made.
An objection to a Plan for disposition has foundation if it
properly alleges that:
a) the Plan constructed is not in accord with the provisions
of the Probate Code;
b) the Plan disregards the Will (if any) of the entity in
Probate;
c) the implementation of the Plan as constructed would be
substantially unfair to a creditor or heir of the entity in
Probate; or
d) the Plan would not fully dispose of the estate of the
entity in Probate.
From: Andrew Main zefra-@tao.co.uk
Sender: owner-agora-busines-@gecko.serc.rmit.edu.au
To: agora-busines-@gecko.serc.rmit.edu.au (Agora Nomic business mailing list)
Date: Wed, 14 Jan 1998 11:53:32 +0000 (GMT)
Message-Id: 199801141153.laa0969-@taos.demon.co.uk
Subject: Re: DIS: Re: BUS: Plan for termination of Calabresi's estate
In-Reply-To: 199801141140.maa2122-@logatome.micronet.fr from "Laurent Bossavit" at Jan 14, 98 12:40:50 pm
X-Loop: zefra-@tao.co.uk
X-Headers: in preparation
X-Mailer: ELM [version 2.4 PL25]
MIME-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit
Precedence: bulk Reply-To: agora-discussio-@gecko.serc.rmit.edu.au
Status: OR
Laurent Bossavit wrote:
I believe this, and similar Plans already announced, are objectionable on the
grounds that I pointed out, i.e. that no entities in Probate are currently
terminal. I've decided not to lodge Objections myself, though.
Well in that case...
I object to the plan for the termination of Calabresi's estate, on the grounds
that Probate sucks.
-zefram
======================================================================