===================================================================== 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: ====================================================================== 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 ======================================================================