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We undertake that the collection and processing of your data, made from this website, comply with the General Data Protection Regulation (RGPD).
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Your data is kept for the duration necessary for the purpose of the treatment, ie as long as the contact remains active. In the event that the latter becomes inactive, the data will be deleted within 3 years.
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Résidence La Casa
Avenue Michel Serres
47000 Agen
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Résidence La Casa
Avenue Michel Serres
47000 Agen


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Sean Hannity Waterboard Watch – 976 Days And Counting
On the Hannity show's special "Holiday" program last night, Hannity aired a moving profile of an American hero who had been profoundly wounded and permanently disabled in war. Ainsley Earhardt managed to present a straightforward account without the usual spin or distortion we have come to expect from her special reports on Hannity. At the end of the segment, Earhardt and Sean Hannity discussed how the wounded vets' challenges made their own seem trivial by comparison. But not trivial enough for Hannity to meet the challenge he made for himself when he promised to undergo "dunking" – the word he used to describe waterboarding – for a charity to benefit the troops, as he promised on April 22, 2009, more than two years and eight months ago. Keith Olbermann even sweetened the pot by offering $1,000 to the families of U.S. troops for every second Hannity lasted.
Read moreFox News Christmas Card Has No Baby Jesus? Oh noooooooo!!!!
While Fox News' ace culture clubber Todd Starnes wrote about the blasphemous White House holiday card, which had no mention of Christmas, it appears that Fox News was sending out holiday cards which had, instead of Jesus, competing network sheep dogsleds with the fox driven sled in the lead. I am truly chagrined and appalled at this callous disrespect for the true meaning of Christmas!
Read moreIs The Hannity Show An Enemy Of Christmas?
Twas the night before Christmas Eve and all the Fox News prime time hosts were off. The O'Reilly Factor was a "Best Of" type show. But Hannity was a - gasp! - Holiday special! Say it isn't so, Sean!
Monica Crowley Tries But Fails To Get Panel To Join Her In Fox News Smear Of Biden's "Taliban Not Our Enemy" Comments
Fox News, ever on the lookout for ways to smear the Obama administration, predictably jumped all over Vice President Joseph Biden for having said recently, "The Taliban per se is not our enemy." Biden was talking about opening negotiations with the Taliban. As the UK's Daily Mail noted, "The vice-president said the militant Islamist group only represents an inherent threat if it allows Al-Qaeda to strike at the U.S." But on the Hannity show's Great American Panel segment Wednesday night (12/21/11), guest host Monica Crowley did her best to suggest that the Obama administration is getting too cozy with America's enemies. Unfortunately for her, the three panelists - Fox News contributors all - supported Biden's remarks.
Read moreRachel Maddow Destroys Sarah Palin's Attack On The Obama Christmas Card
Sarah Palin seems to be getting relegated to the B-teams of Fox these days. Still, if anyone knows how to grab the limelight (even when she looks foolish doing so), it's Palin. This time, Palin hopped on the hyped-up "war on Christmas" bandwagon and as Fox News And Commentary (whatever that is) reported, "wonder(ed)… why the president's Christmas card highlights his dog instead of traditions like 'family, faith and freedom.'" On The Rachel Maddow show last night, Palin and Fox got the take down they deserved – not just by comparing President Obama's card to past Republican cards but to Fox News' and Fox Business' own very secular non-family, non-faith and non-freedom cards.
Brent Bozell Whines About Not Being Able To Say Obama Looks Like "A Skinny, Ghetto Crackhead"
The Hannity show's weekly Media Mash whinefest with the Media Research Center's Brent Bozell took an especially nasty and hypocritical turn Thursday night (12/22/11), when Bozell complained that the "liberal media" would never let anyone on the Hannity show say President Obama looks like "a skinny, ghetto crackhead." And then Bozell did exactly that by adding, "you might want to say that Barack Obama does."
Read moreO'Reilly Factor Covers Phony "War on Christmas" Way More Than Actual Wars
Media Matters crunched the numbers (so we didn't have to!). The phony Fox News "war on Christmas" got more than three times the coverage as any real war on The O'Reilly Factor this month. And that was using a very liberal definition of real war coverage.
Read moreSteve Doocy & Archbishop Dolan Dish War On Christmas & War On Christians
Despite the diversity of American religious affiliations, the allegedly "fair & balanced" Fox "News" channel channels almost exclusively the teachings of the Roman Catholic Church. While liberal, Protestant clergy (many of whom are, gasp, women) and rabbis are conspicuously absent on Fox, Catholic priest Father Jonathan Morris, formerly of the wealthy and disgraced Legionaries of Christ, has a Sunday gig on Fox & Friends as well as appearances on other shows on Fox News and Fox Business where he preaches the right wing gospel of "supply side Jesus." Many, if not a majority, of Fox's hosts are Catholics. So who do ya think provided some Christmas inspiration, as well as reinforcing the patented Fox "war on Christmas" propaganda, this morning on Fox & Friends - why it was NY Catholic potentate, Archbishop Timothy Dolan. Seems like Rupert Murdoch's papal knighthood is reaping some sweet earthly rewards for the one true Fox church.
Read moreToday's Fox News Effort To Ruin Christmas – In The Name Of Jesus – The U.S. Capitol Christmas Tree Has An "I Heart Obama" Ornament
Those devout Christians at Fox News, so busy scouring the country looking for ways to disparage and demean Americans' holiday observances, found their latest excuse for seasonal sneer at the U.S. Capitol. Fox Nation – the website that purports to celebrate America – took a trumped up resentment from CNS News and made its own distorted post about it called, U.S. Capitol Christmas Tree Pays Homage to Obama—But Not Jesus.
Read moreDonald Trump: If I Run For President, I'd Do Great With The African American Vote
Donald "I have a great relationship with the blacks" Trump is still threatening to run for president. Early in his lengthy interview on On The Record Wednesday night (December 21, 2011), Trump accused President Obama of being "delusional." But if so, it must be contagious. Because Trump – the same guy whose questioning President Obama's birth certificate was completely debunked, who suggested Obama is a racist who only got into Harvard via affirmative action and who accused African American voters of being racists for voting for Obama in such large numbers – actually seems to think he'd do well with the black vote. He also boasted that he had "by far the highest number" in a presidential poll when in fact, he came in a distant third to Obama and Mitt Romney.
Read more

subset: commoncrawl


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We just ended our 4th week of the Photography Class with Sears Grilling and I can't believe how fast it is going by! This week was information overload - but certainly not in a bad way. Questions I had on the manual settings of my camera were answered, from aperture speed to ISO to f-stop - I now have a clear understanding of each element. Using auto-mode is easy and it works great, but to be able to have full control over each individual photo is a dream come true.
We also learned about taking pictures outdoor and what type of lighting is best. It is best to avoid taking pictures in the direct sunlight because it could cause shadows to be too dark and bright areas to be almost white. Since our BBQ is under a covered patio, I didn't necessarily have to worry about direct sunlight but more so that there would be enough light to take pictures. This is where having full control over my camera settings came in handy. Since I really hate using my flash when photographing food, I could instead alter the setting on my camera to allow more light to enter when taking a photograph. Pretty exciting. :)
We were to practice our lesson by taking pictures of food on the grill we recently purchased from Sears Grilling. The picture of Grilled Dessert Bananas above and the Stuffed Baked Potatoes below are two of my favorite pictures from this week using these new techniques. I am really starting to feel like my pictures are getting better!
We also learned about the different angles that can be used to give photographs a variety of looks and feels. The angles we covered this week were straight on, from above, tilt towards, above with perspective, diagonal and gentle tilt.
Although the picture above is not necessarily a bad picture, it could use a little help. Instead, I got closer to my subject and tilted the camera back a little to create a photo that is inviting. It makes me want to grab one of those grilled taters off the page! ;)
Sidenote: Everybody should own a slider basket - it ROCKS!!
Here is some more of practicing angles. Although it wasn't necessarily taught in the lesson, I have learned to take many, many pictures. When using a digital camera, it is so easy to delete all the pictures you don't end up using - it's worth taking extra shots because you never know when that gem of a shot is going to happen.
Which angle do you like more?
Which angle do you like more?
I must mention that we absolutely love our new bbq! Buying a bbq is a big purchase and it is awesome to be completely happy with our selection. My Papa always told me I could trust Kenmore. :) There isn't really a set date on when "grilling season" ends, right? ;)
I am a member of the Collective Bias™ Social Fabric® Community. This shop has been compensated as part of a social shopper insights study for Collective Bias™ and Sears #CBias #GrillingIsHappiness. All photos and opinions are my own.


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Effective Date: April 29, 2023
Welcome to the MGA Rewards program (the "Program"), operated by MGA Entertainment, Inc. ("MGA", "we", "us", or "our"). The following terms and conditions (the "Terms") govern your participation in the Program. By participating in the Program, you agree to be bound by these Terms, as well as MGA's Terms of Use and Privacy Policy. These Terms are meant to supplement and not change our Terms of Use and Privacy Policy. If you do not agree to these Terms, please do not participate in the Program.
The Program is open to individuals who are legal residents of the United States and at least 18 years of age or older. Employees of MGA and its affiliates, subsidiaries, and their respective family members are not eligible to participate in the Program.
To enroll in the Program, visit our website at www.lolsurprise.com/rewards and click "Join Now". You will need to provide your full name, email address, phone number, and create a password to register for the Program. Please make sure that the information you provide is accurate and up to date. By creating an account on our site, you consent to join MGA Rewards and receive marketing emails about the program as well as other offers and discounts available to members and/or customers. You may unsubscribe from emails at any time by clicking the unsubscribe button at the bottom of any email.
You can earn rewards in the Program by making purchases on our website or by participating in other activities that we may offer from time to time, such as taking surveys or referring friends. You will earn two points for every dollar you spend on eligible purchases, excluding taxes and shipping charges, and/or as stated in connection with your participation in other activities. Purchases made using rewards points are not eligible for earning rewards.
You may redeem your rewards in the form of discounts on future purchases on our website, once your rewards credit balance reaches $5, or multiples of $5. Rewards are promotional and may not be redeemed for cash, gift cards, or any other products or services. Rewards are non-transferable and may only be used by the account holder.
Rewards expire one year from the date they were earned. If a reward has not been redeemed within one year, it will expire and will no longer be available for use.
MGA reserves the right to modify, add or delete portions of these Terms at any time, with or without notice, in our sole discretion. You are responsible for periodically checking for changes and/or updates to the Terms. Your continued participation in the Program after any changes to these Terms constitutes your acceptance of the updated Terms.
If MGA terminates the Program, any unused points and/or Rewards will expire and be void when the Program is terminated. Upon termination of your account, all points and/or Rewards that you have accumulated will immediately expire.
MGA shall not be liable for any damages of any kind arising out of or in connection with your participation in the Program, including direct, indirect, incidental, consequential, or punitive damages, even if we have been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute between the parties shall be resolved by the appropriate courts located in Los Angeles, California.
If you have any questions about the Program or these Terms, please contact us at firstname.lastname@example.com.
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Conditions of Use
1. Scope of Application
1.1 The Compass Systems Co. BV Terms and Conditions (hereinafter referred to as "Seller") shall apply to all contracts concluded between an entrepreneur (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Customer's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 The present General Terms and Conditions shall also apply exclusively if the Seller performs the order without reservation, in the knowledge that the Client's terms and conditions may conflict with or deviate from its own.
2. Conclusion of the Contract
2.1 The product descriptions displayed in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of providing information to the Client.
2.2 The Client may submit the offer by email or online into the Seller's online shop. In doing so, after having confirmed the selected goods and/or services, passed through the ordering process, and by accepting and returning the signed order confirmation finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client's signed order confirmation within five calendar days,
2.3.1 By transmitting a written order confirmation or an order confirmation in written form (by e-mail) to the Client; insofar receipt of the order confirmation by the Client is decisive, or
2.3.2 By delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
2.3.3 By requesting the customer to pay after submitting the related proforma invoice
2.3.4 Provided direct debit payment is offered and the Client chooses this payment method, by collecting directly the total price from the Client's account, insofar the time of debiting the Client's account is decisive.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 In case of an order via the Seller's order confirmation form, the contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client
2.5 Prior to submitting his binding order via the order confirmation form of the Seller, the Client can correct all the dat via e-mail correspondence. In addition, prior to submitting the order, all data entered will be displayed in a reviewed confirmation confirmation.
2.6 The English and French language are exclusively available for the conclusion of the contract.
2.7 Order processing and contacting usually takes place via e-mail. It is the Client' responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client's responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
2.8 In the event of stipulation of special conditions by the parties, the said special conditions do not apply to contractual relationships running simultaneously and in the future with the Client.
2.9 In the event that the Client is financially unable to fulfil his obligations to the Seller, the Seller is entitled to end existing exchange contracts with the Client without notice by means of withdrawal. The same applies even in the event of the Client pleading insolvency. The Client will inform the Seller in writing about his impending insolvency in good time.
3. Prices and Payment Conditions
3.1 All prices indicated by the seller are net prices excluding the legal value-added tax. Costs for packaging, loading, freight, legal documentation, insurance (in particular transport insurance), duties, and charges will be calculated separately.
3.2 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.
3.3 Payment can be made using one of the methods mentioned in the seller's online shop.
3.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
3.5 Payment shall be deemed to have been made if the equivalent value has been credited to the Seller's accounts. In the event of delayed payment the seller may demand default interest in the amount of ten percent above the relevant base interest rate. All other legal rights to which the seller is entitled in the event of delayed payment of the client remain unaffected. Provided that claims are overdue, payments received shall be offset first to possible costs and interests and subsequently to the oldest claim.
3.6 If unforeseeable cost increases should occur (such as currency fluctuations, unexpected rise in prices of suppliers), the Seller is entitled to pass on such price increases to the client. However, this only applies if delivery has been agreed to occur later than one months after conclusion of the contract.
3.7 When choosing the payment method "PayPal" , the handling of payments is done via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449, subject to the conditions of use which can viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This would require, among other things that the Client has opened a PayPal account or he already has such an account.
4. Shipment and Delivery Conditions
4.1 Goods are delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed upon. In the processing of the transaction, the delivery address indicated during the Seller's order processing shall be applicable.
4.2 The Seller is entitled to make partial deliveries, insofar as it seems reasonable for the Client. In the event of permissible partial deliveries, the Seller is entitled to issue partial invoices.
4.3 The Seller reserves the right to withdraw from the contract in the event of his own suppliers failing to deliver or if such delivery is incorrect. This only applies if the Seller is not liable for the non-delivery and if the Seller has concluded a congruent covering transaction with his supplier. The Seller shall make every reasonable effort in order to obtain the goods. In the case of the unavailability or the partial availability of the goods, the Client will be informed without delay and payments made by the Client will be immediately refunded.
4.4 The risk of accidental destruction and accidental deterioration of the goods shall be transferred to the Client upon delivery of the goods to an adequate forwarding company. The same applies as well if the Seller bears the costs of the transport. Transport insurance is provided only upon Client's instruction and at his own cost. If installation and assembly are owed by the Seller, the risk passes to the Client with the completion of those works and with the handing over to the Client.
4.5 Should delivery of goods to the Client be delayed for reasons for which he is responsible, the risk passes already with the notification of the readiness for dispatch. Possible storage costs incurred after risk has been transferred are borne by the client.
4.6 Personal collection is not possible for logistical reasons.
5. Force Majeure
In cases of force majeure having an impact on the performance of the contract, the Seller is entitled to postpone the delivery for the duration of the hindrance and, in the event of longer-term impediment, to withdraw from the contract without giving rise to claims asserted against him by the Client. Force majeure shall mean any event which is unforeseeable for the Seller or any event, even if it would have been foreseeable, which is beyond the control of the Seller and the impact thereof on the performance of the contract could not be averted despite reasonable efforts used by the Seller. Possible legal claims of the Client remain unaffected.
6. Delay in Performance
6.1 In case of delay in performance, the Client is entitled to withdraw from the contract within the framework of the statutory provisions provided that the Seller bears the responsibility of delay.
6.2 In the event of default on the part of the Seller, the Client is obliged to give notice within a reasonable period of time, whether he wishes to withdraw from the contract or insists on the delivery being carried out.
6.3 If shipping is delayed at the request of the Client for more than one month after readiness for shipment has been notified, the Client will be charged for the storage costs to the amount of 0,5% of the goods to be delivered, for each additional month, but not more than 10% of the price in total.
6.4 The proof of a higher or a lower damage is expressly reserved to the parties.
6.5 The above liability limitations do not apply in the event of intent, malice aforethought, gross negligence and in the event of damages caused by injury to life, physical injury or injury to health.
7. Reservation of Title
7.1 The Seller reserves the ownership of the delivered goods until complete payment of the purchase price has been effected. In addition, the Seller reserves the ownership of the goods until all his claims arising from his business relationship with the Client are met.
7.2 In the case of processing of delivered goods, the Seller shall be considered the manufacturer and shall acquire ownership of the newly arising goods. If processing is done with other materials, the Seller acquires ownership in proportion to the invoice amount of his delivered goods to the value of the other used materials. In the case of combination or mixing of goods belonging to the Seller with objects belonging to the Client, the article belonging to the Client is considered to be the main object. In this case, the Seller acquires the co-ownership of this new object in proportion to the purchase price of his goods or – in the absence of such a purchase price – of the current market value. In those cases, the Client is considered to be the custodian.
7.3 Goods under reservation of title may neither be pledged nor transferred by way of security. The Client, in his capacity as a reseller, is only allowed to resell in the normal course of business on condition that the Client's claims against his customers arising from the resale will be assigned effectively to the Seller and the ownership of the goods will be transferred under the condition of payment. By concluding a contract, the Client assigns his claims against his customers arising from those sales to the Seller by way of security. The Seller accepts that assignment simultaneously.
7.4 The Client has to give notice to the Seller immediately, if he has access to goods belonging or co-belonging to the Seller or to claims assigned. He has to pay to the Seller any amounts assigned to the Seller he has collected, insofar as the Seller's claims are due.
7.5 In so far as the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding part of his security rights at the Client's request.
8. Warranty Claims
In cases of defects the legal provision will apply. Deviating hereof the following will apply for items which were used for a building in a manner contrary to common practice thereby causing a defect.
8.1 An insignificant defect does not cause warranty claims and does not entitle the Client to refuse delivery of the goods. Should part of the goods be defective in a significant manner, the Client is not entitled to refuse total delivery. This does not apply if partial delivery is of no interest to the Client. Furthermore, payments effected by the client may only be retained to an extent which is appropriately proportionate to the occurred defect. If the item is made available at no cost, the Seller's liability for defects is excluded except for cases involving intent and gross negligence.
8.2 Warranty claims do not arise in cases of natural wear and tear or in cases of damages after the passing of risk which are caused by incorrect or negligent treatment, excessive stress, and unsuitable operating equipment or caused by special external influences not covered by the contract, or caused by non-reproducible disturbances. If the Client or a third party undertakes modifications or maintenance works which are improper, no warranty claims can be made for the resulting damages, unless the Client can prove that the notified defect was not caused by those modifications or maintenance works.
8.3 Warranty claims are excluded in cases of used goods.
8.4 The limitation period for any claim arising from defects is one year calculated from the passing of risk. Subsequent performance (new delivery or remedying of a defect) shall affect exclusively the period of limitation for claims arising from defects which led to the subsequent performance.
8.5 The aforementioned limitations of liability and reduction of limitation pursuant to Section 8.1, 8.3 and 8.4 do not refer to cases related to the right of recourse as well as to claims for damages and compensation of expenses the Client can make according to the relevant legal provisions related to defects. Section 9 will apply for the latter claims.
8.6 If the client is a business person, he has to comply with the commercial obligation to inspect and to give notice of defects latest 30 days from receipt of the goods. If the Client fails to comply with those obligations, the goods shall be deemed as approved, unless the defect was not recognizable during inspection.
8.7 In the case of subsequent performance, the Seller has the right to choose between rectification and replacement delivery.
8.8 In the case of replacement delivery, the Client is obliged to send back first the goods delivered within 30 days. The return parcel must contain the reason for return, the name of the Client and the number assigned to the purchase of the defective goods in order to enable the Seller to identify the returned goods. So long as and as far as the identification of the returned goods is not possible on grounds for which the Client is answerable, the Seller is not bound to accept returned goods and to refund the purchase prize. The costs for resending the goods will be borne by the Client.
8.9 If the Seller delivers a defect-free item in order to comply with his duty of subsequent performance, he may claim compensation. Further legal claims remain unaffected.
9. Liability
Liability for being in default is exhaustively provided for by section 6. Furthermore, the Seller shall be liable for any claims arising from damages and compensation based on contract, quasi-contract and on legal provisions or on tort as follows.
9.1 The Seller is liable for every legal reason without limitation
9.1.1 In cases of intent or gross negligence,
9.1.2 in cases of negligent or willful physical injury or negligent or willful injury of life, body or health of a person,
9.1.3 on the grounds of a warranty promise, unless otherwise agreed,
9.1.4 on the grounds of compulsory statutory liability as defined for example in the product liability law.
9.2 If the Seller has violated essential contractual obligations through negligence, his liability is limited to foreseeable damage typical of the contract, unless unlimited liability applies pursuant to section 9, para 1. Essential contractual obligations are those obligations the contract imposes on the Seller which are material to the contract and whose fulfillment makes the due performance of the contract possible and on the performance of which the Client normally relies and is intended to rely.
9.3 Otherwise, the Seller's liability is excluded.
9.4 The aforementioned liability provisions will also apply in the case of the Seller's liability for his assistants and legal representative.
10. Statute of Limitation
The Client's claims against the Seller – except those mentioned in Section 8 – expire by limitation no later than one year after the time of knowledge and at the latest five years after delivery of the performance, unless unlimited liability applies pursuant to Section 9, para 1.
11. Retention, Assignments
11.1 The right of retention and the right to retain performance are excluded, unless the Seller does not deny the underlying counterclaims or those claims have been recognized by declaratory judgment.
11.2 The assignment of claims by the Client arising from the contract with the Client, in particular the assignment of Client's warranty claims, are excluded.
12. Applicable Law and Jurisdiction
12.1 The contract shall be governed by the laws of Belgium excluding the laws regarding the international purchase of movable goods.
12.2 If the Client is a business person, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the place where the Seller has his principle place of business. The same applies if the Client has no general place of jurisdiction in Belgium or if his domicile or normal place of residence is not known at the time of the institution of legal proceedings. In any event regarding the aforementioned cases, the Seller is entitled to call the court responsible for the seat of the Client.


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[ 001 ] An abbess rises in haste and in the dark, with intent to surprise an accused nun abed with her lover: thinking to put on her veil, she puts on instead the breeches of a priest that she has with her: the nun, espying her headgear, and doing her to wit thereof, is acquitted, and thenceforth finds it easier to forgather with her lover.
[ 002 ] So ended Filomena; and when all had commended the address shewn by the lady in ridding herself of the two lovers that she affected not, and contrariwise had censured the hardihood of the two lovers as not love but madness, the queen turned to Elisa, and with a charming air: " Now, Elisa, follow, " quoth she: whereupon Elisa began on this wise:
[ 003 ] Dearest ladies, 'twas cleverly done of Madonna Francesca, to disembarrass herself in the way we have heard: but I have to tell of a young nun, who by a happy retort, and the favour of Fortune, delivered herself from imminent peril. [ 004 ] And as you know that there are not a few most foolish folk, who, notwithstanding their folly, take upon themselves the governance and correction of others; so you may learn from my story that Fortune at times justly puts them to shame; which befell the abbess, who was the superior of the nun of whom I am about to speak.
[ 005 ] You are to know, then, that in a convent in Lombardy of very great repute for strict and holy living there was, among other ladies that there wore the veil, a young woman of noble family, and extraordinary beauty. Now Isabetta--for such was her name--having speech one day of one of her kinsmen at the grate, became enamoured of a fine young gallant that was with him; who, seeing her to be very fair, and reading her passion in her eyes, was kindled with a like flame for her: which mutual and unsolaced love they bore a great while not without great suffering to both. [ 006 ] But at length, both being intent thereon, the gallant discovered a way by which he might with all secrecy visit his nun; and she approving, he paid her not one visit only, but many, to their no small mutual solace. [ 007 ] But, while thus they continued their intercourse, it so befell that one night one of the sisters observed him take his leave of Isabetta and depart, albeit neither he nor she was ware that they had thus been discovered. The sister imparted what she had seen to several others. At first they were minded to denounce her to the abbess, one Madonna Usimbalda, who was reputed by the nuns, and indeed by all that knew her, to be a good and holy woman; but on second thoughts they deemed it expedient, that there might be no room for denial, to cause the abbess to take her and the gallant in the act. So they held their peace, and arranged between them to keep her in watch and close espial, that they might catch her unawares. [ 008 ] Of which practice Isabetta recking, witting nought, it so befell that one night, when she had her lover to see her, the sisters that were on the watch were soon ware of it, and at what they deemed the nick of time parted into two companies, of which one mounted guard at the threshold of Isabetta's cell, while the other hasted to the abbess's chamber, and knocking at the door, roused her, and as soon as they heard her voice, said: " Up, Madam, without delay: we have discovered that Isabetta has a young man with her in her cell. "
[ 009 ] Now that night the abbess had with her a priest whom she used not seldom to have conveyed to her in a chest; and the report of the sisters making her apprehensive lest for excess of zeal and hurry they should force the door open, she rose in a trice; and huddling on her clothes as best she might in the dark, instead of the veil that they wear, which they call the psalter, she caught up the priest's breeches, and having clapped them on her head, [ 010 ] hied her forth, and locked the door behind her, saying: " Where is this woman accursed of God? " [ 011 ] And so, guided by the sisters, all so agog to catch Isabetta a sinning that they perceived not what manner of headgear the abbess wore, she made her way to the cell, and with their aid broke open the door; and entering they found the two lovers abed in one another's arms; who, as it were, thunderstruck to be thus surprised, lay there, witting not what to do. [ 012 ] The sisters took the young nun forthwith, and by command of the abbess brought her to the chapter-house. The gallant, left behind in the cell, put on his clothes and waited to see how the affair would end, being minded to make as many nuns as he might come at pay dearly for any despite that might be done his mistress, and to bring her off with him. [ 013 ] The abbess, seated in the chapter-house with all her nuns about her, and all eyes bent upon the culprit, began giving her the severest reprimand that ever woman got, for that by her disgraceful and abominable conduct, should it get wind, she had sullied the fair fame of the convent; whereto she added menaces most dire. [ 014 ] Shamefast and timorous, the culprit essayed no defence, and her silence begat pity of her in the rest; but, while the abbess waxed more and more voluble, it chanced that the girl raised her head and espied the abbess's headgear, and the points that hung down on this side and that. [ 015 ] The significance whereof being by no means lost upon her, she quite plucked up heart, and: " Madam, " quoth she, " so help you God, tie up your coif, and then you may say what you will to me. " [ 016 ] Whereto the abbess, not understanding her, replied: " What coif, lewd woman? So thou hast the effrontery to jest! Think'st thou that what thou hast done is a matter meet for jests? " [ 017 ] Whereupon: " Madam, " quoth the girl again, " I pray you, tie up your coif, and then you may say to me whatever you please. " Which occasioned not a few of the nuns to look up at the abbess's head, and the abbess herself to raise her hands thereto, and so she and they at one and the same time apprehended Isabetta's meaning. [ 018 ] Wherefore the abbess, finding herself detected by all in the same sin, and that no disguise was possible, changed her tone, and held quite another sort of language than before, the upshot of which was that 'twas impossible to withstand the assaults of the flesh, and that, accordingly, observing due secrecy as theretofore, all might give themselves a good time, as they had opportunity. So, having dismissed Isabetta to rejoin her lover in her cell, she herself returned to lie with her priest. [ 019 ] And many a time thereafter, in spite of the envious, Isabetta had her gallant to see her, the others, that lacked lovers, doing in secret the best they might to push their fortunes.
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At long last the moment we have been waiting for, the first Adelie chick of the season. We have been scanning nest sites for broken egg shells, evidence that a chick has hatched. On Dec 12, 2006 we sighted one and settled down to watch and wait. Twenty minutes later we were rewarded with this sight, the proud parent showing off the results of her nesting skills and patience. This chick has a very light downy covering which is no match against the cold Antarctic winds (today�s temperature is -1�C) so it will spend the next 3 weeks in its parents incubation pouches to keep warm. For the parents, rest time is over, now the real work of providing enough food for all three (two parents and the chick) begins.
Do you see the second egg? It is still un-hatched under the parent. We will check back in a couple of days to see if there is to be a second chick.
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Team & Networking
Coordinator of the Family-friendly University:
Vera Clauder
Coordinator Family-Friendly University / Project "Study worthwhile!"
03334 / 657 143
- Advice for staff and students with children and expectant parents
- Advice on caring for relatives
- Design and implementation of measures to improve family friendliness
- Cooperation with human resources managers and the Gender Equality Officer.
The Family-friendly University is also supported by HNEE students.
Our Networks:
The HNE Eberswalde is one of the first signatories of the charter "Familie in der Hochschule".
Through our membership in the network "Familie in der Hochschule e. V.", we commit ourselves to promoting the compatibility of family tasks with studies, teaching, research and science-supporting activities and to aligning our organisational and personnel development strategies accordingly.
Here you can find the charter "Familie in der Hochschule".
All eight Brandenburg universities meet regularly in the network "Family and University in the State of Brandenburg". The exchange within this network as well as with the Ministry for Science, Research and Culture (MWFK), the Brandenburg Rectors' Conference (BLRK) and the State Conference of Equal Opportunity Officers at Brandenburg Universities (LaKoG) resulted in the "Qualitätsstandards Chancengleichheit und Familienorientierung an brandenburgischen Hochschulen".
The family-friendly HNEE University is active in the "Lokales Bündnis für Familie Eberswalde", a partnership of various Eberswalde players from the fields of social affairs and education, business and society. The common goal is to work for the compatibility of family care and gainful employment and to expand the family friendliness of the city of Eberswalde in all its facets.


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Subscribe to Cases that cite 88 U. S. 503U.S. Supreme Court
Case of Broderick's Will, 88 U.S. 21 Wall. 503 503 (1874)
Case of Broderick's Will
88 U.S. (21 Wall.) 503
1. A court of equity has not jurisdiction to avoid a will or to set aside the probate thereof on the ground of fraud, mistake, or forgery, this being within the exclusive jurisdiction of the courts of probate. chanrobles.com-red
2. Nor will a court of equity give relief by charging the executor of a will or a legatee with a trust in favor of a third person alleged to be defrauded by the forged or fraudulent will where the court of probate could afford relief by refusing probate of the will in whole or in part.
3. The same rule applies to devises of real estate, of which the courts of law have exclusive jurisdiction except in those states in which they are subjected to probate jurisdiction.
4. Semble that where the courts of probate have not jurisdiction, or where the period for its further exercise has expired and no laches are attributable to the injured party, courts of equity will, without disturbing the operation of the will, interpose to give relief to parties injured by a fraudulent or forged will against those who are in possession of the decedent's estate or its proceeds, mala fide, or without consideration.
5. But such relief will not be granted to parties who are in laches, as where from ignorance of the testator's death they made no effort to obtain relief until eight or nine years after the probate of his will.
6. Ignorance of a fraud committed, which is the ordinary excuse for delay, does not apply in such a case, especially when it is alleged that the circumstances of the fraud were publicly and generally known at the domicile of the testator shortly after his death.
7. Whilst alterations in the jurisdiction of the state courts cannot affect the equitable jurisdiction of the circuit courts of the United States so long as the equitable rights themselves remain, yet an enlargement of equitable rights may be administered by the circuit courts as well as by the courts of the state.
This was a suit in equity brought by the alleged heirs-at-law of David C. Broderick, late United States Senator from California, to set aside the probate of his will, and have the same declared a forgery, and to recover the said Broderick's estate, much of which consisted of lands now comprised in the thickly settled portions of the City of San Francisco.
The complainants were John Kieley and Mary, his wife, George Wilson and Ann, his wife, and Ellen Lynch, all residents of Sidney, in New South Wales, and subjects of Great Britain and Ireland. They alleged that Mary Kieley, Ann Wilson, and Ellen Lynch were, at the death of Broderick, his next of kin and only heirs-at-law, being daughters of Catharine Broderick, sister of Thomas Broderick, the father of the said David. chanrobles.com-red
There were several hundred defendants who were in possession of and claiming as owners the property in question. John A. McGlynn, one of the executors who propounded the will and procured its probate, was also one of the defendants.
The bill was filed on the 16th of December, 1869, and stated that Broderick died on the 16th of September, 1859, intestate, being at the time a citizen of the United States and a resident of San Francisco, in California, seized and possessed of real and personal property in said state. Then, after stating the relationship and status of the complainants, the bill proceeded to allege that at the time of his death, Broderick was seized of the real estate set out in the schedule annexed to the bill, and was possessed of personal property to the amount of $20,500, also set forth in a schedule.
It then alleged that on the 20th day of February, 1869, the defendant McGlynn, on behalf of himself and one A. J. Butler, presented to the Probate Court of San Francisco a certain paper writing (a copy of which was annexed) which they falsely pretended was the last will and testament of the said Broderick, in which the said McGlynn, Butler, and one George Wilkes were named as executors, and at the same time presented their petition in writing whereby they prayed the court to admit the said will to probate and issue to them letters testamentary, knowing at the time that the said paper was a forgery. And the bill charged the fact to be that it was a forgery, and not Broderick's will; that it was forged about the 1st of January, 1860, after his death, for the purpose of defrauding his legal heirs, and that it was written by one Alfred Phillips, and that the name of Broderick was signed thereto by one Moses Flanagan. The bill then proceeded to state as follows:
"That the said Butler, well knowing that the said paper was a forgery, caused it to be presented as aforesaid as the genuine, true, and valid will of the said Broderick, and caused a commission to issue under the seal of the said probate court to a commissioner of the State of California residing in New York City
to take the testimony, reduce to writing, and return it to the said probate court, of John J. Hoff and Alfred A. Phillips, whose names appear as subscribing witnesses to said paper, and their testimony was so taken and returned to the effect and purport that the name of the said Broderick signed to said instrument was the genuine signature of the said Broderick, and that he did sign, seal, publish, and declare the said instrument to be his last will and testament in the presence of the said witnesses, and that they did sign the same, as witnesses, at his request, in his presence and in the presence of each other, and the said Butler did also procure and present to said court the testimony of certain experts in handwriting who testified to said court that, in their opinion, the name of Broderick, subscribed to the said paper, was in the genuine handwriting of the said Broderick, he, the said Butler, well knowing that the same was not the genuine handwriting of said Broderick and the same was not in truth and fact the genuine handwriting of said Broderick, and by means of such false testimony (your orators not having any notice in fact of said proceedings, and no one appearing in their behalf), they did obtain the order and judgment of the said court admitting the said will to probate as the genuine last will and testament of the said Broderick, and granting letters testamentary to Butler (now deceased) and McGlynn, as executors of said last will and testament, and they proceeded to act as such executors, and allowed and procured to be approved by the probate judge claims against the said estate to the amount of $80,000."
"And afterward the said Butler and McGlynn caused application to be made to said probate court for, and obtained, an order of sale of the estate of the said Broderick, deceased, under which they sold the whole of the said estate. That at the time of said sale, which took place in the City and County of San Francisco, it was a matter of public and general notoriety that the said pretended last will and testament of said Broderick, under and by virtue whereof all said probate proceedings were taken and said property sold, was not the will of said Broderick, but was a forged and simulated paper, and all of those who purchased at the said sale, and the defendants and those through whom they deraign title subsequent to the said sale, purchased and acquired whatever interest they have or had with full notice of the frauds hereinbefore alleged. "
It appeared by a subsequent statement that the will was admitted to probate on the 8th of October, 1860, and that the sale referred to took place November 7, 1861.
The bill then alleged that the complainants had no knowledge or information of Broderick's death, nor of the forgery of the will, nor of its presentation for probate, nor of the probate or order of sale, nor of any of the proceedings, until the last day of December, 1866, within three years of filing the bill, and that since that time they had been diligently endeavoring to discover the facts and the evidence relating thereto.
The bill charged that the defendants claimed as owners or were in possession of some portion of Broderick's estate, deriving their only title or claim thereto by or under the probate sales and conveyances as made by the said pretended executors by virtue thereof, that Butler was dead, and that Wilkes no longer had any interest.
It then prayed an answer to several specific interrogatories, as namely whether the several defendants did not know or had not been informed that the probated paper was a forged instrument? Whether it was not in fact forged and not the will of Broderick? Whether it was not fabricated after his death, as stated in the bill? Whether Butler did not cause it to be propounded for probate, knowing it to be a forgery? Whether he did not procure the testimony and probate, and sell the property by virtue of orders of said Probate Court, as stated? And that McGlynn and others, who took part in the probate sale of the property, might set forth the details thereof, the time when sold, the amounts received, and the disposition of the proceeds.
It prayed further that the will might be declared a forgery, that the probate and all subsequent proceedings might be set aside and annulled, including the decrees of probate, sale &c., or that the defendants, purchasers of lands and lots under the said orders of sale, or deraigning title therefrom, might be charged as trustees for the complainants and might be compelled to convey to them, or that a commissioner chanrobles.com-red
be appointed to make such conveyance, and for general relief.
By the will in question, a copy of which was annexed to the bill, the testator, after payment of his debts, gave to his friend John A. McGlynn $10,000, and all the residue of his estate to George Wilkes, of New York, and made Wilkes, McGlynn, and Butler executors. It purported to be dated at New York, January 2, 1859.
Many of the defendants answered the bill, denying all knowledge or belief of any fraud or forgery in the will, and claiming to be bona fide purchasers without any notice of any such fraud or forgery. Many other defendants demurred to the bill.
In August, 1871, an amended bill was filed whereby the complainants reiterated with much particularity the facts that they never resided in California or the United States, and never heard, or had any opportunity of hearing of Broderick's death, or the events connected with the probate of the will, until more than eight years after its being filed for probate, being illiterate, and living in a remote and secluded region in Australia, and stating other facts of the same general character to account for their not having sooner taken any proceedings to assert their rights.
Demurrers were also filed to the bill as amended, and upon the argument of these demurrers the bill was dismissed by the circuit court. From that decree the present appeal was taken.
The grounds relied on by the defendants on the demurrer, and by the appellees here, were:
1st. That a court of equity had no jurisdiction of the subject matter of this suit, the same being vested exclusively in the Probate Court of the City and County of San Francisco.
2d. That the action was barred by several statutes of limitation of the State of California.
3d. That the defendants were purchasers at a judicial sale, made under the orders of a court of competent jurisdiction, never reversed or set aside and not impeached by the bill. chanrobles.com-red
4th. That the complainants were nonresident foreigners, incapable of taking or holding property in California.
The special character of the Probate Court of the City and County of San Francisco, and the provisions of the several statutes of California about it, and also as to limitations, are set forth in the opinion of the court. [Footnote 1]
MR. JUSTICE BRADLEY delivered the opinion of the Court.
As to the first point, it is undoubtedly the general rule, established both in England and this country, that a court of equity will not entertain jurisdiction of a bill to set aside a will or the probate thereof. The case of Kerrick v. Bransby, [Footnote 2] decided by the House of Lords in 1727, is considered as having definitely settled the question. Whatever may have been the original ground of this rule (perhaps something in the peculiar constitution of the English courts) the most satisfactory ground for its continued prevalence is that the constitution of a succession to a deceased person's estate partakes in some degree of the nature of a proceeding in rem, in which all persons in the world who have any interest are deemed parties, and are concluded as upon res judicata by the decision of the court having jurisdiction. The public interest requires that the estates of deceased persons, being deprived of a master and subject to all manner of claims, should at once devolve to a new and competent ownership, and consequently that there should be some convenient jurisdiction and mode of proceeding by which this devolution may be effected with least chance of injustice and fraud, and that the result attained should be firm and perpetual. The courts invested with this jurisdiction should have ample powers both of process and investigation, and sufficient opportunity should be given to check and revise proceedings tainted with mistake, fraud, or illegality. These objects chanrobles.com-red
are generally accomplished by the constitution and powers which are given to the probate courts and the modes provided for reviewing their proceedings. And one of the principal reasons assigned by the equity courts for not entertaining bills on questions of probate is that the probate courts themselves have all the powers and machinery necessary to give full and adequate relief.
In England, after the acts of Parliament had authorized devises of real estate, the same position was assumed by courts of equity in regard to such devises, it being held that any fraud, illegality, or mistake affecting their validity could be fully investigated and redressed in the courts of common law, where only devises were cognizable.
An occasional exception, or apparent exception, to this noninterference of courts of equity with wills and devises is found in the books, but these occasional departures from the rule are always carefully placed on such special grounds that they tend rather to establish than to weaken its force. One of the most prominent cases adverted to is Barnesley v. Powel, [Footnote 3] in which an executor and residuary legatee had procured probate of a forged will by fraudulently inducing the testator's son, the person most directly interested, to execute a deed consenting to its probate, and Lord Hardwicke declared the deed void and compelled the executor to consent, in the ecclesiastical court, to a revocation of the probate. But in doing this, his lordship made a labored argument to show that the ecclesiastical court had no power to annul that deed, and that had it attempted to do so, the common law courts would have restrained it by prohibition.
It has also been held that where a person obtains a legacy by inserting his own name in the will instead of that of the intended legatee, he may be declared a trustee for the latter. [Footnote 4] In such a case, the Court of Probate could not furnish a remedy, since to strike the bequest out of the will or to refuse probate of it would defeat the legacy altogether, and that court is incompetent to declare a trust. chanrobles.com-red
The English authorities were fully discussed by Lord Lyndhurst in Allen v. McPherson, [Footnote 5] and by him and Lords Cottenham, Brougham, Langdale, and Campbell in the same case on appeal in the House of Lords. [Footnote 6] In that case, a codicil was revoked by a subsequent one in consequence of false and fraudulent representations on the part of the person to be benefited by the change, prejudicing the testator against the person injured thereby. A bill was filed praying that the executor might be declared trustee for the first legatee to the extent of the legacies revoked. This bill was demurred to and dismissed, and the whole discussion turned upon the question whether or not the ecclesiastical court had jurisdiction to inquire of the matters of fraud alleged, and the court being of opinion that it had jurisdiction, the decree was affirmed. The court came to the conclusion that the ecclesiastical court had power to refuse probate of the revoking codicil, and indeed had had the question before it, but after investigating the facts, had granted the probate. "If," said Lord Lyndhurst,
"an error has been committed in this or any other respect, which I am very far from supposing, that would not be a ground for coming to a court of equity. The matter should have been set right upon appeal. But the present is an attempt to review the decision of the Court of Probate not by the judicial committee of the Privy Council, the proper tribunal for that purpose, but by the court of chancery. I think this cannot be done. It was formerly, indeed, considered that fraud in obtaining a will might be investigated and redressed in a court of equity, but that doctrine has long since been overruled. [Footnote 7]"
Lord Lyndhurst also reviewed the cases in which a legatee or executor had been declared trustee for other persons, and came to the conclusion that they had been either questions of construction, or cases in which the party had been named a trustee or had engaged to take as such, or in which the Court of Probate could afford no adequate or proper remedy. The effect of his reasoning was, that chanrobles.com-red
where a remedy is within the power of the ecclesiastical court, either by granting or refusing probate of the whole will or codicil, or of any portion thereof, a court of equity will not interfere. And this was the view of a majority of the law lords on that occasion, Lords Brougham and Campbell agreeing with Lord Lyndhurst.
It seems, therefore, to be settled law in England that the court of chancery will not entertain jurisdiction of questions in relation to the probate or validity of a will which the ecclesiastical court is competent to adjudicate. It will only act in cases where the latter court can furnish no adequate remedy.
It is laid down in the Duchess of Kingston's Case, [Footnote 8] it is true, that fraud will vitiate the most solemn adjudications of all courts, and so it will when set up in the proper manner by the proper parties and in the proper court. But a person who in contemplation of law has had a day in court, and an opportunity to set up the fraud, and has not done so, is forever concluded, unless he was ignorant of its perpetration, in which case he will be entitled to set it up whenever he discovers it, if not himself guilty of laches.
The same principles substantially have been adopted by most of the courts having equity jurisdiction in this country. The point was considerably discussed in the case of Gaines v. Chew and Relf. [Footnote 9] That was a bill filed by the heir at law of Daniel Clark, and charged that a certain will made by him in 1813 was fraudulently suppressed, that another will made in 1811 was fraudulently set up and admitted to probate, and that the defendants, some of whom were executors of the latter will, and others purchasers of the estate, knew the fraud and could furnish the facts to establish the same, and had received large rents and profits from the estate, of all which the bill sought a discovery, and an account of profits received. The bill was demurred to, and on a division of opinion between the judges of the circuit court, the case came to this Court on several questions stated, chanrobles.com-red
one of which was whether the circuit court as a court of equity could entertain jurisdiction without probate of the suppressed will. Justice McLean delivering the opinion of the Court, said:
"Formerly it was a point on which doubts were entertained whether courts of equity could not relieve against a will fraudulently obtained. And there are cases where the chancery has exercised such a jurisdiction. . . . In other cases, such a jurisdiction has been disclaimed, though the fraud was fully established. . . . In another class of cases, the fraudulent actor has been held a trustee for the party injured. . . . These cases [referring to various cases cited in the opinion] present no very satisfactory result as to the question under consideration. But since the decision of Kerrick v. Bransby, [Footnote 10] and Webb v. Claverden, [Footnote 11] it seems to be considered settled in England that equity will not set aside a will for fraud and imposition. The reason assigned is where personal estate is disposed of by a fraudulent will, relief may be had in the ecclesiastical court, and, at law, on a devise of real property. . . . In cases of fraud, equity has a concurrent jurisdiction with a court of law, but in regard to a will charged to have been obtained through fraud, this rule does not hold. It may be difficult to assign any very satisfactory reason for this exception. That exclusive jurisdiction over the probate of wills is vested in another tribunal is the only one that can be given."
After referring to several cases, the judge proceeds:
"The American decisions on this subject have followed the English authorities. And a deliberate consideration of the question leads us to say that both the general and local law [of Louisiana] require the will of 1813 to be proved before any title can be set up under it."
The court, however, sustained the bill as a bill of discovery to assist the complainants in their proofs before the Court of Probate, and intimate, on the authority of Barnesley v. Powell, that if the Probate Court should refuse to take jurisdiction from a defect of power to bring the parties before it, lapse of time, or any other ground, and chanrobles.com-red
there should be no remedy in the higher courts of the state, it might become the duty of the circuit court, having the parties before it, to require them to go to the Court of Probate and consent to the proof of the will of 1813 and the revocation of the will of 1811, and the judge also went so far as to intimate further that should this procedure fail, it might be a matter of grave consideration whether the inherent powers of a court of chancery might not afford a remedy, where the right was clear, by establishing the will of 1813. Of course the latter expressions were obiter dicta, and can hardly be said to have the support of any well considered cases. But the matter decided by the court, and the burden of the opinion is in strict accord with the settled conclusions of the English courts.
Without quoting from the decisions of the various state courts, it is sufficient to refer to the case of California v. McGlynn [Footnote 12] on the very will now in question. That case was founded on an information for an escheat of Broderick's estate and a bill in equity at the suit of the state against the executors of the will praying for an injunction to restrain them from selling the property of Broderick and from intermeddling therewith. The principal frauds set up in the present case were set up in that, and a preliminary injunction granted by the district court was dissolved by the supreme court on appeal on the ground that the probate of the will belonged to the exclusive jurisdiction of the probate court, and, having been decided by that court, was res judicata, and could not be reviewed by the court of chancery. The opinion of the court, delivered by Justice Norton, is quite elaborate, and arrives at the following conclusion:
"Upon examining the decisions of the Supreme Court of the United States and of the courts of the several states, it will be found that they have uniformly held that the principles established in England apply and govern cases arising under the probate laws of this country, and that in the United States, wherever the power to probate a will is given
to a probate or surrogate's court the decree of such court is final and conclusive, and not subject, except on an appeal to a higher court, to be questioned in any other court or be set aside or vacated by the court of chancery on any ground."
The judge further stated what the statutes of California demonstrate that in that state, the jurisdiction of the probate court is the same in regard to wills of real estate as to wills of personal estate, both classes requiring probate, and the probate of each having the same validity and effect. This is the case in several, perhaps the greater number, of the United States. In some of the older states, as in England, the probate of a will has no effect upon devises of real estate therein, except perhaps to stand as prima facie proof of its execution. But in many states, wills of real and personal estate are placed upon the same footing in respect to probate and authentication. It is true the estate in lands devised goes to the devisee, and not to the executor, but that is the only difference in the effect of the will or probate as respects the two classes of property.
There is nothing in the jurisdiction of the probate courts of California which distinguishes them in respect of the questions under consideration from other probate courts. They are invested with the jurisdiction of probate of wills and letters of administration, and all cognate matters usually incident to that branch of judicature. The constitution of the state as originally adopted in 1849 provided that the judicial power of the state should be vested in a supreme court, district courts, county courts, and justices of the peace, and that the legislature might establish such municipal and other inferior courts as might be deemed necessary. [Footnote 13] It also ordained that there should be elected in each of the organized counties one judge, who should hold his office for four years, and should hold the county court, and perform the duties of surrogate or probate judge. [Footnote 14]
These provisions were somewhat modified in September, chanrobles.com-red
1862, but not in any manner material to this case. Moreover, the will in question was admitted to probate in October, 1860, before any modification took place. The act of the legislature in force at that time on the subject of probate was the Act of May 1, 1851, entitled "An act to regulate the settlement of the estates of deceased persons." By this act as it stood in 1860, having been somewhat modified by sundry amendments, it was declared that the county courts, when sitting for the transaction of probate business, should be known and called the "probate court," and the county judge should be ex officio probate judge. The mode of procedure for the probate of wills was pointed out. A petition was to be filed in the proper court by the executor or other person interested, and a day appointed for proving the will not less than ten nor more than thirty days distant, and notice was to be published not less than twice a week in a newspaper published in the county, if there was one; if not, then by posting in three public places in the county. [Footnote 15] Citations were also to be issued to the heirs if they resided in the county and to any executors named in the will and not joining in the application for probate. Subpoenas were to be issued to the witnesses if they resided in the county. Any person interested might appear and contest the will, and if it should appear that there were minors or nonresidents of the county interested, the court was to appoint an attorney to represent them. If any person should appear and contest the will, he must file a statement in writing of the grounds of his opposition. Issues when formed were to be sent to the district court for trial by jury unless the parties consented to a trial in the probate court. [Footnote 16] Incompetency, restraint, undue influence, fraudulent representations, and any other cause affecting the validity of the will are specially mentioned as questions upon which issues might thus be formed. Various provisions were added calculated to secure a thorough investigation on the merits. [Footnote 17] chanrobles.com-red
It was further provided that when a will had been admitted to probate, any person interested might at any time within one year after such probate contest the same or the validity of the will by filing in the same court a petition containing his allegations against its validity or the sufficiency of the proof and praying that the probate might be revoked. Hereupon new citations were to be issued and a new trial had. But it was declared that if no person should within one year appear to contest the will or probate, the latter should be conclusive, saving to infants, married women, and persons of unsound mind, a like period of one year after disability removed. [Footnote 18]
In view of these provisions, it is difficult to conceive of a more complete and effective probate jurisdiction or one better calculated to attain the ends of justice and truth.
The question recurs do the facts stated in the present bill lay a sufficient ground for equitable interference with the probate of Broderick's will or for establishing a trust as against the purchasers of his estate in favor of the complainants? It needs no argument to show, as it is perfectly apparent, that every objection to the will or the probate thereof could have been raised, if it was not raised, in the probate court during the proceedings instituted for proving the will, or at any time within a year after probate was granted, and that the relief sought by declaring the purchasers trustees for the benefit of the complainants would have been fully compassed by denying probate of the will. On the establishment or nonestablishment of the will depended the entire right of the parties, and that was a question entirely and exclusively within the jurisdiction of the probate court. In such a case, a court of equity will not interfere, for it has no jurisdiction to do so. The probate court was fully competent to afford adequate relief.
But the complainants allege that in consequence of circumstances beyond their control, and without their fault, they had no knowledge or information of Broderick's death, chanrobles.com-red
and, of course, no knowledge of the forgery of his will until within three years prior to the commencement of this suit, and after the period for contesting the will in the probate court had expired, and when the power of said court to investigate the subject further had ceased. They therefore insist that as the probate court had no further jurisdiction over the subject, a court of equity was competent to give relief as against parties having possession of the estate or its proceeds mala fide or without consideration.
Concede this to be true to a certain extent where injured parties have not lost their opportunity of appearing in the court of probate or in the equity court by any laches of their own; still it cannot help the complainants. What excuse have they for not appearing in the probate court, for example? None. No allegation is made that the notices were fraudulently suppressed or that the death of Broderick was fraudulently concealed. The only excuse attempted to be offered is that they lived in a secluded region and did not hear of his death or of the probate proceedings. If this excuse could prevail, it would unsettle all proceedings in rem.
But even admitting that, as to surplus proceeds, and property undisposed of, or acquired by those having actual knowledge of the fraud, the complainants might come into a court of equity on the ground of their own ignorance of the events when they transpired, they would still have to encounter the statute of limitations, which expressly declares that action for relief on the ground of fraud can only be commenced within three years, and the statutes of limitation in California apply to suits in equity as well as to actions at law. [Footnote 19] It is true that it is added that the cause of action in such case is not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. But that is only the application to cases at law of a principle which has always been acted upon in courts of equity. If fraud is kept concealed so as not to come to the knowledge of the party injured, those courts will not chanrobles.com-red
charge him with laches or negligence in the vindication of his rights until after he has discovered the facts constituting the fraud. And this is most just. But that principle cannot avail the complainants in this case. By their own showing, their delay was due not to ignorance of the fraud nor any attempt to conceal it, but to ignorance of Broderick's death and all the open and public facts of the case. They admit and expressly charge that it was a matter of public notoriety at San Francisco as early as 1861 that the will in question was not Broderick's will, but was a forged and simulated paper. They do not pretend that the facts of the fraud were shrouded in concealment, but their plea is that they lived in a remote and secluded region, far from means of information, and never heard of Broderick's death, or of the sale of his property, or of any events connected with the settlement of his estate, until many years after these events had transpired. Parties cannot thus, by their seclusion from the means of information, claim exemption from the laws that control human affairs, and set up a right to open up all the transactions of the past. The world must move on, and those who claim an interest in persons or things must be charged with knowledge of their status and condition and of the vicissitudes to which they are subject. This is the foundation of all judicial proceedings in rem.
The fact that two of the complainants are married women does not take them out of the operation of the statute of limitations of California. They are only exempt when it is necessary that their husbands should join them in the suit. This is not necessary by the law of the state where they sue for their separate estate, as in the present case. As to such property they act as femes sole. This suit, had it lain at all, could have been brought by the complainants, who are married women, though their husbands had refused to join them therein.
The statute of 1862 has been referred to, which gives to the district courts of California power to set aside a will obtained by fraud or undue influence or a forged will and any probate obtained by fraud, concealment, or perjury. chanrobles.com-red
Whilst it is true that alterations in the jurisdiction of the state courts cannot affect the equitable jurisdiction of the circuit courts of the United States so long as the equitable rights themselves remain, yet an enlargement of equitable rights may be administered by the circuit courts as well as by the courts of the state. And this is probably a case in which an enlargement of equitable rights is effected, although presented in the form of a remedial proceeding. Indeed, much of equitable jurisdiction consists of better and more effective remedies for attaining the rights of parties. But the statute referred to cannot affect this suit, inasmuch as the statute of limitations would still apply in full force, and would present a perfect bar to the suit.
We can perceive no ground on which the bill in this case can be sustained.
Decree affirmed.
MR. JUSTICE SWAYNE specially concurring.
Infra, p. 88 U. S. 515-519.
3 Brown's Parliamentary Cases 388.
1 Vesey 284.
Mariott v. Mariott, 1 Strange 666.
1 Phillips, 133.
1 House of Lords Cases, 191.
Ib. 209.
20 Howell's State Trials 544.
43 U. S. 2 How. 619.
3 Brown's Parliamentary Cases 385.
2 Atkyns 424.
20 Cal. 233, 266.
Article 5, § 1.
Article 6, § 8.
Hittell's Laws of California, Article "Probate Act," chap. 2, §§ 4-13
Ib., §§ 16-20.
Ib., § 20.
Hittell's Laws of California, Article "Probate Act" chap. 2, §§ 30-36.
Boyd v. Blankman, 29 Cal. 19.
MR. JUSTICE CLIFFORD, with whom concurred MR. JUSTICE DAVIS, dissenting:
I dissent from the opinion and judgment of the Court in this case for the following reasons:
(1) Because courts of equity may exercise jurisdiction to set aside and annul a decree of the probate court approving and allowing an instrument purporting to be the last will and testament of a deceased person in a case where it appears that the instrument is a forgery and that the decree approving and allowing the instrument was procured by perjury and fraud, provided it appears that the injured party has not been guilty of laches and that he had no other adequate remedy.
(2) Because all the leading authorities cited to support the opposite rule admit that the jurisdiction does exist in cases where there is no other remedy.
(3) Because the right of the complainants in this cause is not barred by the statute of limitations.


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The very best and most enjoyable reason to purchase real estate by far is in buying a property in which your family will live and grow together. There is a lot of fun involved in finding the perfect place for you and your family to call home. There is also a great deal of stress involved as well and that should not be overlooked.
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1. Make your first step the step of finding a realtor or buyer's agent that you are confident has your needs, desires, and best interests at heart. Your realtor can prove to be a lifesaver when you've reached the final hours before closing and the sky looks as though it's going to fall. Far more than that though, your realtor can help you find the home that you simply cannot see your family living without.
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Little more than a year after BP oil disaster, seafood from the Gulf of Mexico is "as safe to eat as it was before the oil spill," the FDA insists on its website.
But along the Gulf itself, questions linger within the very fishing communities that rely on the Gulf's bounty both for sustenance and a living, as this CNN report shows (video below). For one thing, shrimp populations have plunged. The New York Times reported last month that Gulf fisherperople were complaining of the worst white-shrimp season in 50 years, with yields 80 percent lower than normal.
Several fisherman and processors make similar complaints in the CNN piece, and admit that they feel less safe eating shrimp now than they did before the spill. One makes an even more startling claim (see 2:47 mark of the video): "fisherman are bringing in shrimp without any eyes … they evidently have lost their eyes and they're still alive."
Of course, there is as yet no hard link the BP spill with the shrimp declines or this disturbing eyeless condition. But you won't find such links if you don't look for them—and with the FDA insisting that everything is fine, it's hard to discern any urgency among federal authorities to examine the question.
While the federal government takes a see-no-evil approach, the Natural Resources Defense Council (NRDC) has been looking at FDA data on petrochemical traces in Gulf fish—and charging that the agency has been way understating safety concerns, as I reported last month.
In the CNN report, NRDC senior scientist Gina Solomon reiterates those concerns, claiming that the FDA's tolerance levels for petroleum traces do not adequately protect children and pregnant women who regularly eat Gulf seafood. She adds that "it's likely that the population declines in the shrimp are due to the same contaminants that we're worried about if people eat them."
FDA spokesperson Robert Dickey appears in the CNN report to rebut NRDC's warnings about toxicity levels. "The seafood from the Gulf of Mexico is safe to consume for all consumers including pregnant women and children," he asserts. He adds"
The amount of seafood that somebody would have to eat would be the equivalent to sixty-three pounds of shrimp, or five pounds of oyster, or nine pounds of fin fish every day for five years before they would exceed levels to be concerned of. That's how low the residues are in the seafood.
The NRDC's Solomon took to her blog to contest those claims—convincingly, it seems to me. She writes:
FDA only examined what would be safe for an adult. When they did their calculations they looked at what level of contamination would be safe for a 176 pound person. Children are known to be more vulnerable to contaminants in seafood because they eat more per pound of their bodyweight and their developing bodies are more sensitive to harmful contaminants. What's more, in a pregnant woman, these contaminants can cross the placenta and harm the developing fetus. This increased vulnerability is well known to science, and other agencies require that children be included in safety assessments.
It would be convenient for the Obama administration, which recently reopened deepwater driling in the Gulf, for things to return to normal in the region's fishery. BP, too, would benefit from not having to compensate fisherpeople for lost harvests. I hope such considerations aren't being placed above the obligation to protect the public and the Gulf's fishing communities from last year's disastrous spill.


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