alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CIRCUIT COURT OF ARLINGTON COUNTY

#### First National Bank of Danville v. Daisy Lee Hash et al.

January 15, 1971

Case No. (Chancery) 20312

By JUDGE CHARLES S. RUSSELL

Having reviewed the authorities which counsel cited at the hearing of this matter on December 21, 1970, and such others as I have been able to find, it appears to me that although the former law was to the contrary *(Brock*v. *Brock, 92*Va. 173 (1895), Code of 1887 Sec. 3346), it is now clear that all "entries, memoranda and declarations" made by the decedent during his lifetime, which tend to disclose his actual intent with respect to the bank deposit, are admissible. Code of 1950, Sec. 8-286. These declarations constitute an exception to the hearsay rule created by the statute and are admissible even though made long after the decedent created the bank deposit in question. *Wrenn*v. *Daniels,*200 Va. 419 (1958). This is so because the controlling question is the decedent’s actual intent in creating the deposit, rather than the form of the deposit contract with the Savings and Loan Association. *Quesenberry*v. *Funk,*203 Va. 619 (1962), 10 Am. Jur. 2d "Banks" Secs. 390-392.

Even under the "Totten Trust" rule, the deposit of money in a bank for another is only presumed to be *421a tentative trust, subject *to*revocation by any inconsistent act during the settlor’s lifetime. In this case, the only evidence of Mr. Hash’s actual intent with respect to the deposit in the First Federal Savings and Loan Association is his last will and testament, executed in 1965, three years after the account had been opened. His testamentary disposition of the deposit by Item 4 of the will seems to me to be a clear indication of his state of mind toward the account, i.e., that it was to be included in his estate in order that it should pass under his will to his daughter, subject to the trust powers expressed in the will. Viewed in this context, his labeling of the account with his daughter’s name was consistent with a desire to segregate certain assets within his estate for her benefit so that they might readily be identified by his will for the purposes of the testamentary trust expressed therein.

The burden of proof of establishing an *inter vivos*gift falls upon the claimant donee. *Grace*v. *Va. Trust Co.,*150 Va. 56 (1928). The evidence discloses no unequivocal delivery, placing the deposit beyond the control of Mr. Hash during his lifetime, so as to constitute an *inter vivos*gift, and the donee has carried no burden of proof with respect thereto. See *Rust*v. *Phillips,*208 Va. 573 (1968).

Counsel for petitioner should frame a decree directing the Executor and Testamentary trustee to take possession of the savings account and to administer the same under the terms of the trust contained in Item 4 of the Last Will and Testament of Ernest Mitchell Hash.
Exhibit 32.1
 
 Certification of
 Chief Executive Officer of
 Gold Banc Corporation, Inc.
 
 I, Malcolm M. Aslin, Chief Executive Officer of Gold Banc Corporation, Inc., hereby certify, in accordance with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 ("Section 906"), that:
 
 (a)
The Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2003, which accompanies this certification, fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and(b)
The information contained in the Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2003, which accompanies this certification, fairly presents, in all material respects, the financial condition and results of operations of Gold Banc Corporation, Inc. 
 
 
 ****Dated: November 14, 2003.
By:
/s/ Malcolm M. AslinMalcom M. AslinChief Executive Officer
Exhibit 4.1


 


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


April 12, 2018


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust 376 (the “Fund”)


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the Fund, consisting of the unit investment trusts (the “Trusts”) included in
the Registration Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trusts on the date
hereof. The prices indicated therein reflect our evaluation of such securities as of close of business on April 11, 2018, in accordance
with the valuation method set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreements. We consent to
the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust securities in the Registration
Statement (No. 333-222941) filed with the Securities and Exchange Commission with respect to the registration of the sale of the
Units of the Trusts and to the filing of this consent as an exhibit thereto.


 


Very truly yours,


 


/s/ GERARDO CIPRIANO________________


Gerardo Cipriano


Vice President
I 

112TH CONGRESS 

1ST SESSION H. R. 3037 

To allow for the harvest of gull eggs by the Huna Tlingit people within 

Glacier Bay National Park in the State of Alaska. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To allow for the harvest of gull eggs by the Huna Tlingit 

people within Glacier Bay National Park in the State 

of Alaska. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Huna Tlingit Tradi5 tional Gull Egg Use Act of 2011’’. 

6 SEC. 2. AUTHORIZATION FOR COLLECTION OF GULL EGGS. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, the Secretary of the Interior may allow the 

9 collection of the eggs of glaucous-winged gulls (Larus 

10 glaucescens) not more frequently than twice each calendar 


emcdonald on DSK5VPTVN1PROD with BILLS
2 

•HR 3037 IH

1 year at up to 5 locations within Glacier Bay National Park 

2 in the State of Alaska by members of the Hoonah Indian 

3 Association. 

4 (b) CONDITIONS.—The Secretary of the Interior shall 

5 establish harvest schedules and locations and any other 

6 terms and conditions the Secretary determines to be nec7 essary, based on an annual harvest plan to be prepared 

8 jointly by the Secretary and the Hoonah Indian Associa9 tion. 

Æ 


emcdonald on DSK5VPTVN1PROD with BILLS
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I,Craig A. Weiss, certify that:

 

1.     Ihave reviewed this annual report on Form 10-K of Community First Bankshares,Inc.;

 

2.     Basedon my knowledge, this annual report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.     Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.     Theregistrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)              Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisquarterly report is being prepared;

 

b)             Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

c)              Disclosed in this report any change inthe registrant’s internal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5.     Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent function):

 

a)              All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b)             Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

Date:March 11, 2004

 
|   | /s/ Craig A. Weiss                                                   |   |
|--------|----------------------------------------------------------------------|--------|
|   | Craig A. Weiss  Executive Vice President and Chief Financial Officer |

 

----
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

I,
Robert A. Altieri, President and Chief Executive Officer (principal executive officer) of Carrollton Bancorp (the "Registrant"), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes/Oxley Act of 2002, to the best of my knowledge and belief, that:

(1)   such
Form 10-K for the year ended December 31, 2009, 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 such Form 10-K for the year ended December 31, 2009, fairly presents, in all material respects, the financial conditions and results of
operations of Carrollton Bancorp.

/s/ Robert A. Altieri Robert A. Altieri President and Chief Executive Officer
March 25, 2010


---
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2915 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2915

 To repeal the Western Area Power Administration borrowing authority, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2011

Mr. McClintock introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To repeal the Western Area Power Administration borrowing authority, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Taxpayer and Western Area 
Power Administration Customer Protection Act of 2011''.

SEC. 2. REPEAL.

    Section 301 of the Hoover Power Plant Act of 1984 is repealed.

SEC. 3. EFFECTIVE DATE.

    Section 2 shall be effective on September 15, 2011.

SEC. 4. EFFECT OF REPEAL.

    The repeal under section 2 shall not apply to--
            (1) projects approved by the Secretary of Energy or the 
        Deputy Secretary of Energy through memorandum before the 
        effective date in section 3; or
            (2) projects deemed ``Projects in Execution'' in the 
        Western Area Power Administration May 17, 2011, Quarterly 
        Report on Borrowing Authority Projects.
                                 <all>
```
**Exhibit 12(a)**

I, Richard Solomons, certify that: 

1. I have reviewed this annual report on Form 20-F ofInterContinental Hotels Group PLC; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report; 

4. Thecompany’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (asdefined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have: 

(a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared; 

(b) Designed such internal control over financialreporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for externalpurposes in accordance with generally accepted accounting principles; 

(c) Evaluated the effectiveness of the company’s disclosurecontrols and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(d) Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered bythe annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and 

5. The company’s other certifying officer(s) and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the company’s auditors and the audit committee of the company’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’sability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the company’s internal control over financial reporting. 

Date:March 29, 2012 

 
By: 
/s/ Richard Solomons
 Name: Richard Solomons Title: Chief Executive
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DANILO DEJESUS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 561 MAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 31st day of January, 2017, the Petition for Allowance of Appeal

is DENIED.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Braintech, Inc. (the Company) on Form 10-Q for the three
month period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Edward A. White, the Principal Financial and Accounting Officer 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 to my knowledge:

(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 result of operations of the Company.



|                                                  
|--------------------------------------------------
|/s/ Edward A. White                               
|Edward A. White                                   
|Principal Financial Officer and Accounting Officer
|                                                  
|May 14, 2008
<PAGE>

                                                                    Exhibit 99.1

                            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 hereby certifies, in his capacity as an officer
of I-Flow Corporation (the "Company"), for purposes of 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to
the best of his knowledge:

         -        the Annual Report of the Company on Form 10-K for the year
                  ended December 31, 2002 fully complies with the requirements
                  of Section 13(a) or 15(d) of the Securities Exchange Act of
                  1934; and

         -        the information contained in such report fairly presents, in
                  all material respects, the financial condition and results of
                  operation of the Company.

Dated:  March 27, 2003

/s/ Donald M. Earhart
_________________________________
Donald M. Earhart
Chief Executive Officer

/s/ James R. Talevich
_________________________________
James R. Talevich
Chief Financial Officer

Note:    A signed original of this written statement required by Section 906 has
         been provided to I-Flow Corporation and will be retained by I-Flow
         Corporation and furnished to the Securities and Exchange Commission or
         its staff upon request.
#### The People of the State of New York, Respondent, v Dwight Giles, Appellant.

Submitted March 10, 2008;

decided March 13, 2008

Motion for assignment of counsel granted and Susanna De La Pava, Esq., 110 Wall Street, 11th Floor, New York, NY 10005 assigned as counsel to the appellant on the appeal herein.
a10-18.htm


Exhibit 10.18







FIRST AMENDMENT


 TO


 EMPLOYMENT AGREEMENT







The Employment Agreement made as of the 26th day of February, 2001 by and between AvalonBay


 Communities, Inc., a Maryland corporation (the “Company”), and Timothy J. Naughton (“Executive”) is


 hereby amended as follows:







Section 7(c)(iii)(B) of the Employment Agreement is hereby amended by deleting said subsection in its entirety and substituting thereof the following:







“(B) Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive; and”







Section 7(c)(iv) of the Employment Agreement is hereby amended by deleting subsection II in the second paragraph thereof in its entirety and substituting the following in lieu thereof:







“II. Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive.”







Section 7(c)(v) of the Employment Agreement is hereby amended by deleting subsection (B) thereof in its entirety and substituting the following in lieu thereof:







“(B) Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive; and”







Section 7(c)(vi) of the Employment Agreement is amended by deleting subsection (B) thereof in its entirety and substituting the following in lieu thereof:







“(B) Continue to pay the premiums then due or thereafter payable on the whole-life portion of the split-dollar insurance policy referenced under Section 3(d) in accordance with, and to the extent required by, the provisions of the Split Dollar Agreement between the Company and Executive; and







Except as amended herein, the Employment Agreement is hereby confirmed in all other respects.







IN WITNESS WHEREOF, this Amendment is entered into this 31st day of March, 2005.


 



	  	
AVALONBAY COMMUNITIES, INC.  

	  
	 	 	 
	  	
By:  

	
/s/ Charlene Rothkopf  

	  
	  	  	
Charlene Rothkopf, EVP – Human Resources 

	  
	  	  	  	  
	  
	  	  	  
	  	  	
/s/ Edward M. Schulman  

	  
	  	  	
Edward M. Schulman, 

	  
	  	  	
SVP, General Counsel & Secretary 

	  
	  
	  	
Timothy J. Naughton 

	  
	  	
Executive
EXHIBIT
32.2




CERTIFICATION
OF THE PRINCIPAL FINANCIAL OFFICER


PURSUANT
TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002




In
connection with the annual report on Form 10-K of Protein Polymer Technologies,
Inc. (the "Company") for the year ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned 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
      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.




/s/ JAMES
B. MCCARTHY





James B.
McCarthy


Interim
Principal Financial Officer


Date:
July 24, 2009
Exhibit 24

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS




As independent public accountants, we hereby consent to the incorporation of our
report  dated  February  18,  1998  included  in this Form 10-K,  into  American
Biogenetic Sciences, Inc.'s previously filed Registration Statements on Form S-8
(File Nos. 33-35992, 33-39683,  33-51240,  33-65416,  333-09473, and 333-59351),
and previously filed Registration  Statements on Form S-3 (File Nos.  333-13615,
333-13619, 333-13623, 333- 14447, 333-59345 and 333-60117 ).




                                                      /s/ Arthur Andersen LLP


Melville, New York
March 29, 1999