alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 6436.

Decided December 5, 1906.]

#### *In the Matter of the Estate of*Nathan N. Wetmore, *Deceased.*Everett Morgan, Executor, *Appellant,*v. Luvenchia L. Morrison, *Respondent.**1*

Wills- — Testamentary Capacity — Undue Influence — Evidence— Sufficiency. A finding of want of testamentary capacity is warranted by tbe evidence where it appears that tbe decedent was seventy-eigbt years of age, that bis wife died nine days before, causing him great mental anguish, that he languished physically until his death nine days thereafter, the will being made four days before his death, at night, in the house of the sole devisee, who was not related to him, no mention being made of his children- or grand*568children and no disposition made of a small amount of the property excepted from the general devise, and where there was evidence that at the time his mind was wandering, weak and feeble.

Appeal from an order of the superior court for Snohomish county, Black, J., entered May 14, 1906, upon findings in favor of the contestant of a will, after a trial on the merits before the court without a jury.

Affirmed.

*Padgett*& *Bell,*for appellant.

*Hathaway & Alston,*for respondent.

1

Reported in 87 Pac. 1151.

Per Curiam.

This is an appeal from the decree and judgment of the lower court in a proceeding in contest of the will of Nathan N. Wetmore, deceased, instituted by Luvenchia L. Morrison, a child of the deceased.

The decedent, at the time of making the alleged will, was seventy-eight years of age. His wife died nine days prior to his death, causing him great mental anguish. He also languished physically from the time of the death of his wife, which culminated, as Ave have intimated, in his death nine days thereafter. The Avill was executed between nine and ten o’clock on Wednesday night preceding the death of the decedent Sunday morning. He died at the residence of Ella G. Wetmore, the sole devisee, where he resided from the time of the funeral of his wife until his death. None of his children or grandchildren Avere mentioned or provided for in the will, but he bequeathed all of his property, with a slight exception, to the said Ella G. Wetmore, between whom and himself there Avere no ties of consanguinity. There was no testamentary disposition of the small amount of property excepted. The court found that he Avas unduly influenced by the said Ella G. Wetmore, and that his mind at the time of the execution of the Avill Avas wandering, weak and feeble. This is equivalent to a finding that he did not have a sound and disposing mind.

*569Other findings of the court it is not necessary to discuss here. Nor is it necessary to notice many of the propositions discussed by respective counsel, for from an examination of the record we are convinced that the finding of the court is sustained by the overwhelming weight of the testimony; and, indeed, had not the court so found, we would have been compelled to have found from the testimony that the decedent was utterly incapable of making so solemn and important an instrument as a will at the time the alleged will was executed. For this reason the judgment will be affirmed.
IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 21-0546

_________________

PATRICK STEVEN BRYAN, II,

 Petitioner,

 v.

JESSE SLAUGHTER, Cascade County Sheriff,

 Respondent.

O R D E R

_________________

Patrick Steven Bryan II petitions this Court for a writ of habeas corpus to relieve him 

from what he contends is an unlawful order of the Eighth Judicial District Court holding him 

on $10,000 bail in Cascade County Cause No. CDC-21-660. As Bryan is being held pre-trial 

in the Cascade County Detention Center, we have revised the caption of the case to name 

only the person having custody. See § 46-22-205(1), MCA.

Bryan argues that the State did not present sufficient evidence to justify the imposition 

of bail, that he is indigent, and that the failure to release him under the circumstances

presented unlawfully restrains him of liberty in violation of his constitutional rights. Having 

reviewed the petition and attachments, the Court deems it advisable to obtain a response.

IT IS THEREFORE ORDERED that the Attorney General, the Cascade County 

Attorney, or both, are granted twenty days from the date of this Order within which to file a 

response to the petition.

The Clerk of this Court is directed to give notice of this Order to the Attorney 

General, to all counsel of record in Cascade County Cause No. CDC-21-0660, and to the 

Hon. John Kutzman, presiding judge.

Electronically signed by:

Beth Baker

Justice, Montana Supreme Court

November 8 2021

11/08/2021

Case Number: OP 21-0546
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A18D0262. ERROL M. WINDHOM v. THE STATE.

A jury convicted Errol Windhomof armed robbery, and this Court affirmed his

conviction. Windhom v. State, 326 Ga. App. 212 (756 SE2d 296) (2014). Windhom

subsequently filed a motion alleging that his conviction was void because the

principal witness against him was incompetent to testify, and an “Application for the

Writ of Habeas Corpus Ad Testificandum,” seeking to be brought to court for a

hearing on the motion. The trial court entered an order on September 27, 2017,

dismissing Windhom’s filings, citing, in part, the statutory provisions governing a

habeas corpus action to challenge a conviction. Windhom filed an application for

discretionary appeal, which was initially docketed in the Supreme Court on

November 29, 2017. The Supreme Court transferred the application to thisCourt after

finding that the trial court order did not invoke its jurisdiction. We, however, lack

jurisdiction over this discretionary application for two reasons.

First, an application for discretionary appeal must be filed within 30 days of

entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements

of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for

appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734 (380

SE2d 57) (1989). This application, filed 63 days after entry of the challenged order,

is untimely.

Moreover, “a petition to vacate or modify a judgment of conviction is not an

appropriate remedy in a criminal case[,]” and any appeal from an order denying such

a motion must be dismissed. Harper v. State, 286 Ga. 216 (686 SE2d 786) (2009);see

also Grant v. State, 159 Ga. App. 2, 3 (282 SE2d 668) (1981) (a motion to set aside

January 24, 2018
a verdict and judgment is not an appropriate remedy in a criminal case). Accordingly,

Windhom’s application for discretionary appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

01/24/2018
Exhibit 32

          CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL
                                     OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned hereby certifies, pursuant to, and as required by, 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that the Quarterly Report of National Investment Managers Inc. (the
"Company") on Form 10-QSB for the period ended September 30, 2006 fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, as amended, and that information contained in such Quarterly Report on
Form 10-QSB fairly presents, in all material respects, the financial condition
and results of operations of the Company.



Date:  November 14, 2006             By   /s/ Steven Ross
------------------------             ----------------------------------
                                          Steven Ross
                                          President and Chief Executive Officer

Date:  November 14, 2006             By   /s/ Leonard Neuhaus
------------------------             ----------------------------------
                                          Leonard Neuhaus
                                          Chief Operating and Financial Officer
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#### STATE OF NEW JERSEY v. FRED FURGUSON, JR.

May 14, 1985.

Petition for certification denied. (See 198 *N.J.Super.*395)
##### 



Exhibit 32.1
 CERTIFICATION PURSUANT TO
18 U. S. C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Quarterly Report of the Company on Form 10-Q for the period ended September 30, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the Report) fully
complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of
1934; and(2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company at the dates and for the periods
indicated.
 Date: November 9, 2006/s/ Barry R. Elson

Name: Barry R. Elson
    
    
    
    /s/ Ronald G. Eidell

Name: Ronald G. EidellTitle: Acting Chief Executive Officer
    
    
    
    Title: Chief Financial Officer
**Exhibit
      10.89**




**AGREEMENT**




THIS AGREEMENT (“ *Agreement* ”)
      dated
      November __, 2008 is among Richard Berman (“ *Berman* ”)
      and
      National Investment Managers Inc., a Florida corporation (“ *NIM* ”).




WHEREAS ,
      in
      October 2008, Berman, the Chairman of the Board of Directors of NIM, has
      requested that his annual fee payable to Berman for his services to be performed
      in 2009 in the amount of $54,000 (the “2009 Fee”) be prepaid;




WHEREAS,
      NIM has determined that the prepayment of the 2009 Fee does not violate Section
      402 of the Sarbanes Oxley Act as the prepayment is not considered a personal
      loan requiring the repayment of such funds.




WHEREAS,
      NIM, in light of the fact that Berman has provided an exemplary level of service
      to NIM, paid the 2009 Fee in October 2008;




NOW,
      THEREFORE, in consideration of the premises and the mutual covenants, conditions
      and promises contained herein, the parties agree as follows:




|1. | The
              prepayment of the 2009 Fee to Berman by NIM is hereby authorized.
|-- | -----------------------------------------------------------------------------------



|2. | In
              the event that Berman were to be terminated, resign or retire, or for
              any
              reason whatsoever, including a change of control in which Berman is
              terminated, Berman will not be required to repay the 2009 Fee.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|3. | This
              Agreement may be executed (including by facsimile transmission) with
              counterpart signature pages or in two or more counterparts, each of
              which
              shall be deemed an original but all of which together shall constitute
              one
              and the same instrument.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN
      WITNESS WHEREOF, the parties have executed this Agreement as of the date set
      forth in the first paragraph above.




National
              Investment Managers Inc./s/
                Richard Berman
            
            
            By:
            /s/
                Steven RossRichard
                Berman
            
            
            Name:
            Steven
                RossTitle:
            Chief
                Executive Officer and Director
EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION

906 OF THE SARBANES-OXLEY ACT OF 2002

Each of the undersigned, in his capacity as an
officer of REMEC, Inc. (the Registrant), hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The quarterly report of the Registrant on Form 10-Q for the period ended October 30, 2009 as filed with the Securities and Exchange Commission on the date hereof
(the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Richard A. SackettRichard A. SackettPresident


Date: December 14, 2009

Each of the undersigned, in his capacity as an officer of REMEC, Inc. (the Registrant), hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:



|1. | The quarterly report of the Registrant on Form 10-Q for the period ended October 30, 2009 as filed with the Securities and Exchange Commission on the date hereof
(the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ David F. WilkinsonDavid F. WilkinsonChief Financial and Accounting Officer


Date: December 14, 2009

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the
electronic version of this written statement has been provided to REMEC, Inc., and will be retained by REMEC, Inc., and furnished to the Securities and Exchange Commission or its staff upon request.
REEBOK INTERNATIONAL LTD.
               (Amounts in Thousands, Except Per Share Data)


Exhibit 11  -  Statement RE:  Computation of Per Share Earnings


                                                    Three Months Ended      
                                                          March 31,
                                                    __________________

                                                    1997        1996         
                                                    ____        ____

Primary
________________________________

Average shares outstanding                          55,944      74,385

Net effect of dilutive stock options                 2,487         754
                                                    _______     _______ 

Total                                               58,431      75,139
                                                    =======     =======

Net income                                         $40,184     $48,415
                                                    =======     =======

Per share amount                                   $  0.69     $  0.64
                                                    =======     =======


Fully Diluted
________________________________

Average shares outstanding                          55,944      74,385

Net effect of dilutive stock options                 2,487         758
                                                    _______     _______

Total                                               58,431      75,143
                                                    =======     =======

Net income                                         $40,184     $48,415
                                                    =======     =======

Per share amount                                   $  0.69     $  0.64
                                                    =======     =======
EXHIBIT 32.1



Certification of Chief Executive Officer

Pursuant to 18 U.S.C Section 1350,

As Adopted Pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002



Not Filed Pursuant to the Securities Exchange Act of 1934





In connection with the Annual Report of Ohr Pharamceutical, Inc (the Company) on Form 10K for the period ending September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof )the Report), I, Andrew Limpert, Chief Executive Officer, Chief Operating Officer and President of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|   |                                                                                                                      
|-- | ---------------------------------------------------------------------------------------------------------------------
|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



|   |                                                                                                                                                     
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------
|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated:January




19,

 2010







/s/  ANDREW LIMPERT

Name:Andrew Limpert



Title:Interim Chief Executive Officer
News United States Air Force
 CSAF describes future of conflictPublished July 26, 2017
                        
                        By Tech. Sgt. Robert Barnett
                        
                        
                        Secretary of the Air Force Public Affairs
                **WASHINGTON (AFNS)  --**
                Air Force Chief of Staff Gen. David L. Goldfein addressed the future of the Total Force, operations in space and the importance of a multi-domain, networked approach to warfare during an Air Force Association breakfast at the Mitchel Institute in Washington, D.C., July 26, 2017.
The CSAF outlined five key attributes of future conflict that must be prepared for: trans-regional, multi-domain, multi-component, multi-national/coalition and fast.
Goldfein compared the future of conflict and multi-domain command and control to a Rubik’s cube, saying Air Force blue is just one of many colors on it, with every capability working together in the multi-domain environment.
“First, future conflict will be trans-regional,” he said. “Our adversaries are not paying attention to our combatant commander maps.”
Conflicts are, and will be, multi-domain, he said, including air, land, sea, space, cyberspace and the undersea domain. The Air Force must be masters across the spectrum.
Moving on, the Chief of Staff said the current and future fighting force will be multi-component.
“We’re more inter-dependent on each other as services than we’ve been in our history – for 26 years of continuous combat since Desert Storm,” Goldfein said. “We’ve produced a truly joint team that excels in simultaneous combat where we’ve often focused on sequential and de-conflicted operations in that past.”
Finally, future conflict will be multi-national and fast.
“Our greatest strategic advantage in any future conflict are our allies and partners,” he said. “Simply put, we have them, our adversaries don’t...the collective economic and military might of 29 nations in the greatest alliance in history – a nuclear alliance, I might add. We must advance our ability to fight together in an age when information sharing is vital to success. And it will be fast...the sky is no longer the limit.”CSAF 



Air Force Chief of Staff 



Air Force Association 



future 



total force 



multi-domain command and control 



Goldfein 



AFA 



the Pentagon 



alliance
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711 

# ^% ,<> „ <? 

### OFFSCilAL BUSINESS 

### STATE OF TEXAS PENALTY FOR -x:;* 

## 11/26/2014PraVATEI^^ Christensen, Cody Devon 

### TrHCt.°Kfb: 2 NOV 26 2014 

## MAILEDFROMZIWR°817P37'2-01 This is to advise that the Court hasvdeniecl,without written order on the findings c 

### the trial court after hearingthe application forwritofhabeas corpus. Abel Acosta, Clef

CODY DEVON CHRISTENSEN JIT-TDC #1862310 131 PC 

### TiP^^SEE^^^^T>
Order entered September 19, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01193-CV

IN RE JAY SANDON COOPER, Relator

Original Proceeding from the County Court at Law No. 1

Grayson County, Texas

Trial Court Cause No. 2011-2-1391

ORDER

Based on the Court’s opinion of this date, we DENY relator’s petition for writ of 

mandamus. We DENY as moot relator’s request for temporary relief. We ORDER relator to 

bear the costs of this original proceeding.

/s/ ADA BROWN 

JUSTICE