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State Codes and Statutes
Statutes > South-carolina > Title-62 > Article-1
Title 62 – South Carolina Probate Code
SECTION 62-1-100. Effective date.
(a) Except as otherwise provided, this Code takes effect July 1, 1987.
(b) Except as provided elsewhere in this Code, on the effective date of this Code:
(1) the Code applies to any estates of decedents dying thereafter;
(2) the procedural provisions of the Code apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Code;
(3) every personal representative, including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this Code and is subject to the duties imposed with respect to any act occurring or done thereafter;
(4) an act done before the effective date in any proceeding and any accrued right is not impaired by this Code. Unless otherwise provided in the Code, a substantive right in the decedent's estate accrues in accordance with the law in effect on the date of the decedent's death. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions remain in force with respect to that right;
(5) a rule of construction or presumption provided in this code applies to multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
(c) Section 62-2-502 is effective for all wills executed after June 27, 1984, whether the testator dies before or after July 1, 1987.
SECTION 62-1-101. Short title.
Sections 62-1-101 et seq. shall be known and may be cited as the South Carolina Probate Code. in Sections 62-1-101 et seq. to the term "Code", unless the context clearly indicates otherwise, shall mean the South Carolina Probate Code.
SECTION 62-1-102. Purposes; rules of construction.
(a) This Code shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this Code are:
(1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;
(2) to discover and make effective the intent of a decedent in the distribution of his property;
(3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;
(4) to facilitate use and enforcement of certain trusts;
(5) to make uniform the law among the various jurisdictions.
SECTION 62-1-103. Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this Code, the principles of law and equity supplement its provisions.
SECTION 62-1-104. Severability.
If any provision of this Code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Code which can be given effect without the invalid provision or application and to this end the provisions of this Code are declared to be severable.
SECTION 62-1-105. Construction against implied repeal.
This Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
SECTION 62-1-106. Effect of fraud and evasion.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this Code or if fraud is used to avoid or circumvent the provisions or purposes of this Code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not, but only to the extent of any benefit received. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
SECTION 62-1-107. Evidence as to death or status.
In proceedings under this Code the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the Code. In addition, the following rules relating to determination of death and status are applicable:
(1) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent.
(2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(3) A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
SECTION 62-1-108. Acts by holder of general power.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. The term "presently exercisable general power of appointment" includes a testamentary general power of appointment having no conditions precedent to its exercise other than the death of the holder, the validity of the holder's last will and testament, and the inclusion of a provision in the will sufficient to exercise this power.
SECTION 62-1-109. Duties and obligations of lawyer arising out of relationship between lawyer and person serving as a fiduciary.
Unless expressly provided otherwise in a written employment agreement, the creation of an attorney-client relationship between a lawyer and a person serving as a fiduciary shall not impose upon the lawyer any duties or obligations to other persons interested in the estate, trust estate, or other fiduciary property, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. This section is intended to be declaratory of the common law and governs relationships in existence between lawyers and persons serving as fiduciaries as well as such relationships hereafter created.
SECTION 62-1-110. Fiduciary-lawyer privilege.
Whenever an attorney-client relationship exists between a lawyer and a fiduciary, communications between the lawyer and the fiduciary shall be subject to the attorney-client privilege unless waived by the fiduciary, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. The existence of a fiduciary relationship between a fiduciary and a beneficiary does not constitute or give rise to any waiver of the privilege for communications between the lawyer and the fiduciary.
SECTION 62-1-201. General definitions.
Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or parts, and unless the context otherwise requires, in this Code:
(1) "Application" means a written request to the probate court for an order or statement of informal probate or appointment under Part 3 of Article III.
(2) "Beneficiary", as it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer and, as it relates to a charitable trust, includes any person entitled to enforce the trust.
(3) "Child" includes any individual entitled to take as a child under this Code by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild, or any more remote descendant.
(4) "Claims", in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person whether arising in contract, in tort, or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. The term does not include estate or inheritance taxes, or demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate.
(5) "Court" means the court or branch having jurisdiction in matters as provided in this Code.
(6) "Conservator" means a person who is appointed by a court to manage the estate of a protected person.
(7) "Devise", when used as a noun, means a testamentary disposition of real or personal property, including both devise and bequest as formerly used, and when used as a verb, means to dispose of real or personal property by will.
(8) "Devisee" means any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
(9) "Disability" means cause for a protective order as described by Section 62-5-401.
(10) "Distributee" means any person who has received property of a decedent from his personal representative other than as creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For purposes of this provision, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets.
(11) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject to this Code as originally constituted and as it exists from time to time during administration.
(12) "Exempt property" means that property of a decedent's estate which is described in Section 62-2-401.
(12A) "Expense of administration" includes commissions of personal representatives, fees and disbursements of attorneys, fees of appraisers, and such other expenses that are reasonably incurred in the administration of the estate.
(13) "Fiduciary" includes personal representative, guardian, conservator, and trustee.
(14) "Foreign personal representative" means a personal representative of another jurisdiction.
(15) "Formal proceedings" means those conducted before a judge with notice to interested persons.
(16) "Guardian" means a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem or a statutory guardian.
(16A) "General power of appointment" means any power that would cause income to be taxed to the fiduciary in his individual capacity under Section 678 of the Internal Revenue Code and any power that would be a general power of appointment, in whole or in part, under Section 2041(a)(2) or 2514(c) of the Internal Revenue Code.
(17) "Heirs" means those persons, including the surviving spouse, who are entitled under the statute of intestate succession to the property of a decedent.
(18) "Incapacitated person" is as defined in Section 62-5-101.
(19) "Informal proceedings" means those conducted without notice to interested persons by the court for probate of a will or appointment of a personal representative.
(20) "Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding. It also includes persons having priority for appointment as personal representative and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.
(21) "Issue" of a person means all his lineal descendants whether natural or adoptive of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this Code.
(22) "Lease" includes an oil, gas, or other mineral lease.
(23) "Letters" includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship.
(24) "Minor" means a person who is under eighteen years of age, excluding a person under the age of eighteen who is married or emancipated as decreed by the family court.
(25) "Mortgage" means any conveyance, agreement, or arrangement in which real property is used as security.
(26) "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of his death.
(27) "Organization" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal entity.
(28) "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this Code by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.
(29) "Person" means an individual, a corporation, an organization, or other legal entity.
(30) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes special administrator.
(31) "Petition" means a written request to the court for an order after notice.
(32) "Proceeding" includes action at law and suit in equity.
(33) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(34) "Protected person" is as defined in Section 62-5-101.
(35) "Protective proceeding" is as defined in Section 62-5-101.
(36) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.
(36A) "Security interest" means any conveyance, agreement, or arrangement in which personal property is used as security.
(37) "Settlement" in reference to a decedent's estate includes the full process of administration, distribution, and closing.
(38) "Special administrator" means a personal representative as described by Sections 62-3-614 through 62-3-618.
(39) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(40) "Stepchild" with reference to any person means one who is the child, natural or adopted, of such person's spouse but who is not the child, natural or adopted, of such person.
(41) "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative.
(42) "Successors" means those persons, other than creditors, who are entitled to property of a decedent under his will or this Code.
(43) "Testacy proceeding" means a proceeding to establish a will or determine intestacy.
(44) "Trust" includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. "Trust" excludes other constructive trusts, and it excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in Article 6 (Sections 62-6-101 et seq.), custodial arrangements pursuant to the South Carolina Uniform Gifts to Minors Act, Article 5, Chapter 5, Title 63, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another.
(45) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by court.
(46) "Ward" is as defined in Section 62-5-101.
(47) "Will" includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.
SECTION 62-1-301. Territorial application.
Except as otherwise provided in this Code, this Code applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected domiciled in this State, (2) the property of nonresidents located in this State or property coming into the control of a fiduciary who is subject to the laws of this State, (3) incapacitated persons and minors in this State, (4) survivorship and related accounts in this State, and (5) trusts subject to administration in this State.
SECTION 62-1-302. Subject matter jurisdiction; concurrent jurisdiction with family court.
(a) To the full extent permitted by the Constitution, and except as otherwise specifically provided, the probate court has exclusive original jurisdiction over all subject matter related to:
(1) estates of decedents, including the contest of wills, construction of wills, and determination of heirs and successors of decedents and estates of protected persons;
(2) protection of minors, except that jurisdiction over the care, custody, and control of the persons of minors is governed by Section 62-5-201 and incapacitated persons, including the mortgage and sale of personal and real property owned by minors or incapacitated persons as well as gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Article 5, Chapter 5, Title 63, except that jurisdiction for approval of settlement of claims in favor of or against minors or incapacitated persons is governed by Section 62-5-433;
(3) trusts, inter vivos or testamentary, including the appointment of successor trustees;
(4) the issuance of marriage licenses, in form as provided by the Bureau of Vital Statistics of the Department of Health and Environmental Control; record, index, and dispose of copies of marriage certificates; and issue certified copies of the licenses and certificates;
(5) the performance of the duties of the clerk of the circuit and family courts of the county in which the probate court is held when there is a vacancy in the office of clerk of court and in proceedings in eminent domain for the acquisition of rights-of-way by railway companies, canal companies, governmental entities, or public utilities when the clerk is disqualified by reason of ownership of or interest in lands over which it is sought to obtain the rights-of-way; and
(6) the involuntary commitment of persons suffering from mental illness, mental retardation, alcoholism, drug addiction, and active pulmonary tuberculosis.
(b) The court's jurisdiction over matters involving wrongful death or actions under the survival statute is concurrent with that of the circuit court and extends only to the approval of settlements as provided in Sections 15-51-41 and 15-51-42 and to the allocation of settlement proceeds among the parties involved in the estate.
(c) The probate court has jurisdiction to hear and determine issues relating to paternity, common-law marriage, and interpretation of marital agreements in connection with estate, trust, guardianship, and conservatorship actions pending before it, concurrent with that of the family court, pursuant to Section 63-3-530.
(d) Notwithstanding the exclusive jurisdiction of the probate court over the foregoing matters, any action or proceeding filed in the probate court and relating to the following subject matters, on motion of a party, or by the court on its own motion, made not later than ten days following the date on which all responsive pleadings must be filed, must be removed to the circuit court and in these cases the circuit court shall proceed upon the matter de novo:
(1) formal proceedings for the probate of wills and for the appointment of general personal representatives;
(2) construction of wills;
(3) actions to try title;
(4) trusts;
(5) actions in which a party has a right to trial by jury and which involve an amount in controversy of at least five thousand dollars in value; and
(6) actions concerning gifts made pursuant to the South Carolina Uniform Gifts to Minors Act, Article 5, Chapter 5, Title 63.
(e) The removal to the circuit court of an action or proceeding within the exclusive jurisdiction of the probate court applies only to the particular action or proceeding removed, and the probate court otherwise retains continuing exclusive jurisdiction.
SECTION 62-1-303. Venue; multiple proceedings; transfer.
(a) Subject to the provisions of Section 62-3-201, where a proceeding under this Code could be maintained in more than one place in South Carolina, the court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate, protected persons, ward, or trust are commenced in more than one court of South Carolina, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and, if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If a court finds that, in the interest of justice, a proceeding or a file should be located in another court of probate in South Carolina, the court making the finding may transfer the proceeding or file to the other court.
SECTION 62-1-304. Practice in court.
Unless specifically provided to the contrary in this Code or unless inconsistent with its provisions, the rules of civil procedure adopted for the probate court, and, in their absence, those adopted for the circuit court, govern formal proceedings under this Code.
SECTION 62-1-305. Records and certified copies.
The court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this Code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the probate court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law, the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to letters must show the date of appointment.
SECTION 62-1-306. Jury trials.
(a) If duly demanded, a party is entitled to trial by jury in any proceeding involving an issue of fact in an action for the recovery of money only or of specific real or personal property, unless waived as provided in the rules of civil procedure for the courts of this State. The right to trial by jury exists in, but is not limited to, formal proceedings in favor of the probate of a will or contesting the probate of a will.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
(c) The method of drawing, summoning, and compensating jurors under this section shall be within the province of the county jury commission and shall be governed by Chapter 7 of Title 14 of the 1976 Code relating to juries in circuit courts.
SECTION 62-1-307. Probate judge; powers.
The acts and orders which this Code specifies as performable by the court may be performed either by the judge or by a person, including one or more clerks, designated by the judge by a written order filed and recorded in the office of the court.
SECTION 62-1-308. Appeals.
Except as provided in subsection (g), appeals from the probate court must be to the circuit court and are governed by the following rules:
(a) A person interested in a final order, sentence, or decree of a probate court and considering himself injured by it may appeal to the circuit court in the same county. The notice of intention to appeal to the circuit court must be filed in the office of the circuit court and in the office of the probate court and a copy served on all parties within ten days after receipt of written notice of the appealed from order, sentence, or decree of the probate court. The grounds of appeal must be filed in the office of the probate court and a copy served on all parties within forty-five days after receipt of written notice of the order, sentence, or decree of the probate court.
(b) Within thirty days after the grounds of appeal has been filed in the office of the probate court, as provided in subsection (a), the probate court shall make a return to the appellate court of the testimony, proceedings, and judgment and file it in the appellate court. Upon final disposition of the appeal, all papers included in the return must be forwarded to the probate court.
(c) When an appeal according to law is taken from any sentence or decree of the probate court, all proceedings in pursuance of the order, sentence, or decree appealed from shall cease until the judgment of the circuit court, court of appeals, or Supreme Court is had. If the appellant, in writing, waives his appeal before the entry of the judgment, proceedings may be had in the probate court as if no appeal had been taken.
(d) When the return has been filed in the circuit court as provided in subsection (b), the court shall hear and determine the appeal according to the rules of law. The hearing must be strictly on appeal and no new evidence may be presented.
(e) The final decision and judgment in cases appealed, as provided in this code, shall be certified to the probate court by the circuit court, court of appeals, or Supreme Court, as the case may be, and the same proceedings shall be had in the probate court as though the decision had been made in the probate court.
(f) A judge of a probate court must not be admitted to have any voice in judging or determining an appeal from his decision or be permitted to act as attorney or counsel.
(g) If the parties not in default consent either in writing or on the record at a hearing in the probate court, a party to a final order, sentence, or decree of a probate court who considers himself injured by it may appeal directly to the Supreme Court, and the procedure for the appeal must be governed by the South Carolina Appellate Court Rules.
SECTION 62-1-309. Election and term of judges.
The judges of the probate court shall be elected by the qualified electors of the respective counties for the term of four years in the manner specified by Section 14-23-1020.
SECTION 62-1-401. Notice; method and time of giving.
(a) If notice of a hearing on any petition is required and, except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given:
(1) by mailing a copy thereof at least twenty days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post office address given in his demand for notice, if any, or at his office or place of residence, if known;
(2) by delivering a copy thereof to the person being notified personally at least twenty days before the time set for the hearing; or
(3) if the address or identity of any person is not known and cannot be ascertained with reasonable diligence by publishing a copy thereof in the same manner as required by law in the case of the publication of a summons for an absent defendant in the court of common pleas.
(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.
SECTION 62-1-402. Notice; waiver.
A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding.
SECTION 62-1-403. Pleadings; when parties bound by others; notice.
In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons and, in judicially supervised settlements, the following apply:
(1) Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class by reference to the instrument creating the interests or in other appropriate manner.
(2) Persons are bound by orders binding others in the following cases:
(i) Orders binding the sole holder or all coholders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
(ii) To the extent there is no conflict of interest between them or among persons represented, orders binding a conservator bind the person whose estate he controls; orders binding a guardian bind the ward if no conservator of his estate has been appointed; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and orders binding a personal representative bind persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may represent his minor or unborn child.
(iii) A minor or unborn or unascertained person who is not otherwise represented is bound by an order to the extent his interest is adequately represented by another party having a substantially identical interest in the proceeding.
(3) Notice is required as follows:
(i) Notice as prescribed by Section 62-1-401 shall be given to every interested person or to one who can bind an interested person as described in (2)(i) or (2)(ii) above. Notice may be given both to a person and to another who may bind him.
(ii) Notice is given to unborn or unascertained persons who are not represented under (2)(i) or (2)(ii) above by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.
(4) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
SECTION 62-1-501. Short title.
This part may be cited as the "Uniform Simultaneous Death Act".
SECTION 62-1-502. Disposition of property when persons die simultaneously.
When the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously the property of each person shall be disposed of as if he had survived, except as provided otherwise in this part [Sections 62-1-501 et seq.].
SECTION 62-1-503. Successive beneficiaries of disposition of property.
When two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
SECTION 62-1-504. Joint tenants or tenants by the entirety.
When there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if one had survived and one half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property shall be so distributed in the proportion that one bears to the whole number of joint tenants.
SECTION 62-1-505. Insured and beneficiary.
When the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
SECTION 62-1-506. Part is not retroactive.
This part shall not apply to the distribution of the property of a person who died prior to April 3, 1948.
SECTION 62-1-507. Part is not applicable if instrument provides otherwise.
This part [Sections 62-1-501 et seq.] shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the distribution that would otherwise be made under the provisions of this part [Sections 62-1-501 et seq.].
SECTION 62-1-508. Construction.
This part [Sections 62-1-501 et seq.] shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact substantially identical laws.


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Masterson making move to Cardinals' bullpen
ST. LOUIS -- The Cardinals have not yet announced a starter for Thursday's series opener in Milwaukee, but manager Mike Matheny did reveal on Monday that right-hander Justin Masterson is no longer in the mix for that assignment.
After six starts, only one of which went smoothly, Masterson will transition into the bullpen, where he'll be available as early as midweek. In his place, one of two left-handers -- Marco Gonzales or Tyler Lyons -- will draw that start against the Brewers.
"He gets it. He's a pro," Matheny said of Masterson's reaction to the shift in role. "He understands the game, understands where we are and understands where he is. But we're committed to keep working through this. Maybe this could be something that works for him."
Masterson had some success out of the bullpen with Cleveland last year, when he made three scoreless appearances for the Indians late in September. Of course, Masterson also had a strong 2013 season overall, and that has not been repeated this year.
Since joining the Cardinals at the Trade Deadline, Masterson has a 7.90 ERA over 27 1/3 innings. He's walked 11, struck out 22 and allowed an opponents' batting average of .312. In four of his six starts, Masterson allowed five runs.
While Masterson has adopted several mechanical suggestions offered by the Cardinals' staff, the club could no longer afford to have Masterson work out his issues while starting every fifth day.
Jenifer Langosch is a reporter for MLB.com. Read her blog, By Gosh, It's Langosch, and follow her on Twitter @LangoschMLB. This story was not subject to the approval of Major League Baseball or its clubs.

subset: commoncrawl


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Turner Syndrome: Genotype and Phenotype
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This study examines the clinical and genetic factors related to Turner syndrome, a disorder of the sex chromosomes. Humans usually have 23 pairs of chromosomes-thin strands of DNA-in the nucleus of every cell, which contain genes that determine our hereditary makeup. One pair of chromosomes is the sex chromosomes, designated X and Y. Females usually have two X chromosomes; however, patients with Turner syndrome have only a single X chromosome or one normal and one defective X or Y chromosome. This abnormality can cause medical problems such as short stature, premature ovarian failure and heart or kidney defects. Individuals with Turner syndrome have an increased risk of thyroid disorders, high blood pressure, diabetes mellitus, abnormal liver function, hearing loss and osteoporosis. This study will try to identify the genes responsible for the specific medical problems associated with the disorder.
Females 10 years of age and older with X chromosome defects may be eligible for this 3- to 5- day inpatient study at the National Institutes of Health Clinical Center in Bethesda, Maryland. Participants will have a physical examination, body measurements (height, weight, hip and waist) and blood drawn for clinical and research purposes.
Participants will have a comprehensive cardiovascular evaluation, including an electrocardiogram (ECG), 24 hour blood pressure monitoring, magnetic resonance imaging (MRI) of the heart and aorta, ultrasound imaging of the heart (cardiac echo) and expert consultation with the NIH Cardiology Service. Women 35 years of age and older may have a computerized tomography (CT) scan of the coronary arteries to investigate possible blockage of the heart blood supply.
Risk for diabetes is investigated by studies of the body fat content and an oral glucose tolerance test. The risk for coronary artery disease is assessed by measurement of cholesterol and other known risk factors in the blood. Thyroid function and presence of antibodies to the thyroid gland are also evaluated by blood tests.
Liver function is tested by measurement of products of liver metabolism in the blood and by a liver ultrasound. Ovary function is investigated by blood tests of estrogen and FSH levels and pelvic untrasound which visualizes the uterus.
Bone structure and strength are evaluated by routine X-rays of the wrists and spine, and DEXA scan (a type of X-ray study that measures body fat, muscle and bone thickness). Adults will also have bone density of the spine and abdominal fat content measured by CT, which is more accurate than DEXA. Vitamin D levels are measured in blood tests.These are state of the art diagnostic tests which may uncover unsuspected anatomic problems such as abnormalities of the aorta or aortic valve which have serious clinical implications and would indicate the need for close medical follow-up, as well as uncover potential risk for development of diabetes or osteoporosis in the future, which would also indicate the need for changes in lifestyle or medical management. Study participants are invited to return for re-evaluation at 1-3 year intervals. A major goal of follow-up visits is to determine whether there is any enlargement of aortic diameter or impairment of cardiac function over time.
Some patients may be asked to undergo a skin biopsy (removal of a small sample of skin tissue) to obtain more information about genetic make-up of cells. Parents of patients may be contacted (with the patient's permission) to provide a blood or saliva sample for genetic study to help understand how and why certain traits of Turner syndrome are expressed.
|Turner's Syndrome
|Study Type:
|Official Title:
|Turner Syndrome: Genotype and Phenotype
|Study Start Date:
|September 26, 2000
|Estimated Study Completion Date:
|July 8, 2014
|Ages Eligible for Study:
|10 Years and older (Child, Adult, Senior)
|Sexes Eligible for Study:
|Accepts Healthy Volunteers:
- INCLUSION CRITERIA - for TS Subjects:
Phenotypic females greater than or equal to 10 years of age
Evidence of X-chromosomal abnormality
Those with a karyotype of 45X/46XX must have at least 80% 45X lymphocytes.
EXCLUSION CRITERIA - for TS Subjects:
Co-existing autosomal defects
INCLUSION CRITERIA - for the Parents of TS Subjects (for DNA only):
Biological parent of a TS subject
Willingness to participate
EXCLUSION CRITERIA - for the Parents of TS Subjects (for DNA only):
Please refer to this study by its ClinicalTrials.gov identifier: NCT00006334
|United States, Maryland
|National Institutes of Health Clinical Center, 9000 Rockville Pike
|Bethesda, Maryland, United States, 20892
|Principal Investigator:
|Carolyn A Bondy, M.D.
|Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD)
Publications automatically indexed to this study by ClinicalTrials.gov Identifier (NCT Number):
|ClinicalTrials.gov Identifier:
|NCT00006334 History of Changes
|Other Study ID Numbers:
|Study First Received:
|October 4, 2000
|Last Updated:
|June 30, 2017
Keywords provided by National Institutes of Health Clinical Center (CC):
Ovarian Failure
Additional relevant MeSH terms:
Primary Ovarian Insufficiency
Ovarian Diseases
Turner Syndrome
Gonadal Dysgenesis
Pathologic Processes
Disorders of Sex Development
Urogenital Abnormalities
Sex Chromosome Disorders of Sex Development
Heart Defects, Congenital
Cardiovascular Abnormalities
Cardiovascular Diseases
Heart Diseases
Congenital Abnormalities
Sex Chromosome Disorders
Chromosome Disorders
Genetic Diseases, Inborn
Gonadal Disorders
Endocrine System Diseases
Adnexal Diseases
Genital Diseases, Female
ClinicalTrials.gov processed this record on September 25, 2017


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Be careful near the monument — often home to a beehive.
Arroyo Seco Loop off Highway 79
The Canyoneers 1:30 p.m., Sept. 20
Seminar designed for homeowners who are considering a major remodeling project, such as an addition, kitchen, bathroom or whole-house renovation. Meet the Jackson Design and Remodeling team in person, including company president, senior designers and architects, and learn about the remodeling process. One-on-one time with designers and architects available to discuss your individual questions and concerns. Donations accepted at the door to benefit Habitat for Humanity. Wine and hors d'oeuvres served. RSVP: 800.675.9548.
4797 Mercury Street, San Diego, 92111
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There's only one problem with the pressure cooker coming so soon, and it's that I've been frantically busy all week writing blog posts and lesson plans so I could go to BlogHer Boston, which is where I am now. Obviously I won't be doing any pressure cooker cooking until next weekend when I get back home. But if any readers have pressure cooker tips or pressure cooker recipe ideas I'd love to hear about them in the comments.
And finally, of course this plant didn't come in the mail the way you see it here, but what a nice surprise when Cheryl from Gluten Free Goodness offered to send me some lemongrass starts, after she posted her recipe for Parchment Tilapia and I told her I'd never grown lemongrass or seen the plant in Utah. They came in the mail with roots wrapped in wet tissue, inside a plastic bag, and I quickly planted them inside, since Cheryl said they didn't like frost. It remains to be seen whether I can keep this plant alive inside through an entire Utah winter, but I'm certainly going to try. Thanks Cheryl.
So that was a pretty exciting week of things coming in the mail, wouldn't you say? Did anything interesting come in the mail at your house?


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Doctors are warning people that there's a certain strain of drug-resistant Gonorrhea that has the potential to be as deadly as AIDS.
Getting this strain, known as HO41, might put someone into septic shock and cause death in a matter of days.
The strain was discovered in Japan two years ago in a female prostitute and has since been found in Hawaii, California and Norway. So far, no deaths from the HO41 strain have yet been reported.
As if the threat of AIDS didn't already make you careful with sex, there's this news. Bob Dylan famously sang 'The Times They Are A Changin'", sometimes you wonder if it's for the better.


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GRP Standard Glow Plugs are designed for use with GRP Non-Tuned Engines; however, they can be used with any engine that utilizes a matching standard connection. GRP created their glow plugs with various weather scenarios and racing conditions in mind. GRP standard glow plug #5 is designed for Medium temperatures. This standard glow plug comes with its own copper washer and is individually packaged in a plastic box. Internal Filament: The internal filament of the glow plug is made using a special Platinum alloy, which guarantees maximum durability and longevity. External Body: The external body of the glow plug is made with stainless steel to guarantee the durability of its thread, and maximum resistance to electrostatic corrosion. Internal Insulator: The internal insulating package guarantees maximum insulation between the external body and the central pin, where the filament is welded. Central Pin: The central pin of the glow plug is constructed from stainless steel to guarantee maximum resistance to electrostatic corrosion and high temperatures.


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We updated our vests with a darted back and a longer, slimmer cut for a more tailored feel. This one is woven in herringbone linen from a renowned Italian mill and is one of the best ways to keep looking pulled together when the jacket comes off.
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I would go back to? La Tomate Italian Bistro , great ambiance and the food is pretty good too and it is only a 10 minute walk from the American Guest House Bed and Breakfast.
Bon Appetit! Jonathan,
American Guest House Bed and Breakfast
Washington DC Bed and Breakfast accommodations . We are centrally located, 10 minutes walk to DuPont Circle metro/subway, 1 mile north west of White House.


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Category: Greek and Roman myth names
Baby namers have started to dig deep back into ancient history and myth in their search for fresh and interesting choices. Roman names like Atticus are rising up the charts, and the whole pantheon of Greek and Roman gods and goddesses is up for rediscovery—already there have been such starbaby sightings as Atlas (Anne Heche), Mars (Erykah Badu) and Hermes (Kelly Rutherford).
Here, Nameberry's Top Dozen picks in this category:
1. Clio is the name of the Greek muse of history; it's lively and attractive but without the heavy Cleopatra association that the Cleo spelling carries.
2. Echo was a mythological mountain nymph and her o-ending name carries pleasant reverberations.
3. Flora, the name of the Roman goddess of flowers and fertility, is symbolic of spring and apt for a baby born in that season. Like cousin Florence, it is definitely having a rebirth among retro name-seekers.
4. Juno, the name of the patron goddess of ancient Rome, has become a hot modern option, especially since the release of the popular eponymous film. Coldplay's Will Champion chose it for one of his twins.
5. Jupiter was the Roman king of the gods, and his rhythmic 3-syllable name is just beginning to be considered by cutting-edge namers.
6. Maia was a Greco–Roman goddess of the earth, and her name, especially with the Maya spelling, has become a trendy option, used for their daughter by Uma Thurman and Ethan Hawke.
7. Mars was the Roman god of war, and could make for a striking and strong middle name. Singer Erykah Badu used it as her son's first.


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So many people go wrong when it comes to keyword research. I find all too often people struggle to get keyword research right. They try to rank for keywords that don't bring traffic or they are so competitive they will really struggle to ever compete with the big players.
The first problem I want to cover is aiming for keywords which are far too competitive to ever seriously rank your website for. The sites you are going up against have a lot of domain authority generated from years of high quality links pointing to them.
The second issue is you want to rank for keywords that will send you traffic, and if you rely solely on the Google Keyword tool you soon realise it can lead you to false expectations. The main flaw with the Google keyword tool is you can't always find long tail keywords with traffic. Earlier this year SEOmoz wrote an article on the "hidden data" in Google's adword Keyword Tool.
As you can see below Rand highlighted a number of search terms that were bringing the site hundreds of visitors every month to the site but were not suggested by Google when you research the keyword phrase "Blog Traffic".
From the table above it is evident that Google is not showing any data for keywords that are bringing in 800+ visitors every month to the SEOmoz blog.
What types of Keywords do you want to aim for?
When you are starting out on your keyword research journey you really want to understand your business and the market you are operating in. In other words you want to find out what "weight class" you are positioning your website in.
If you think about this in a common sense way, when you are starting out you want to target the "easy keywords" that you can rank well for quickly and easily. It's better to start small, fight in your weight class, develop the content you need to target them and over time you will begin to learn what it takes to rank for the harder and more competitive keywords.
You need traffic to serve the purpose that you need. Early in my career I made the mistake of simply chasing keywords that would just send me traffic. What I should have being doing was focus the following key areas:
- Keywords that bring in buyers who will spend money with you
- Create keyword targeted content that will bring traffic where people are looking for free information or news and ultimately these people may sign up to your RSS Feed or email list
- You want to target a piece of content that's a little more fun or entertaining and even though this may not be appealing to your target market. The great thing here is that people will seed your content on social media because they enjoyed it even if they don't believe in the product or service you are promoting
As I highlighted above the best keywords are the one's which get people who are going to spend money to your site. Often people will suggest you target a particular brand name but all too often these types of keywords are more difficult to rank for as Google often will return large ecommerce providers such as Amazon or the main brand website for these terms.
I find the best way to do this is to help buyers to answer the pre buyer questions they might have. These are people who already know that they want to buy a product i.e. TV, Laptop but are not sure which is best for their needs & budget. So by targeting phrases such as "Product A review" or "Product A vs. Product B" you can often rank for these keywords quite easily with good on page SEO and little need for additional link building to the new pages you create.
Beware of the Panda
But you don't want to just create one page for every keyword you aim for… Amit Singhal gave us a list of questions to ask ourselves about the types of sites that the Google Panda Update was designed to target.
The question I feel has the most impact for keyword research and site architecture is:
"Does the site have duplicate, overlapping, or redundant articles on the same or similar topics with slightly different keyword variations?"
This is very interesting, and what you need to be careful of here is if your web pages target keywords that are very similar, e.g. "How to get blog traffic" and "How to Increase Blog Traffic" then you might be in trouble with the big G. If you do want to target more than one keyword, you are better to target them on the same page, by structuring your content in a way that allows for these different keywords to be covered.
If you follow these tips then you will be choosing the right "weight class" of keywords to target and start to see organic traffic increase over time.
One of the most common tools that people use when carrying out keyword research for their website or blog is the free keyword tool provided by Google. In no way is this blog post meant to act as a fully comprehensive account of all the features and uses for the keyword tool but hopefully there will be a few useful hints and tips you didn't know about that could improve the way you perform keyword research for pay per click or SEO campaigns.
The first thing you want to do is make sure that you are signed in to Google. The 2 reasons that you want to do this that instead of returning just 100 keyword ideas you can get access to 800. The second reason that you want to make sure you are signed in to the Google Keyword tool is that you have access to so many more features such as Local search trends, Approximate CPC (Cost per Click) and Google search network which shows the number of user searches for the keyword on the Google Search Network per month, based on an approximate 12-month average. This statistic is specific to your targeted country and language, and is only available for exact match type.
Extracting Google Keyword Tool Data
In the below example I have searched for data on the keyword term Protein Shakes (after all everyone is trying to get in shape in January). I have selected the Exact Match types (this is best practice when performing keyword research) & I am using the UK and English for my location and language settings.
As you can see because I am logged in I have the column Local Search Trends available. It produces some nice little green data bars.
Some of the information presented by the Google keyword tool is not very useful in the format in which it is presented within and I find it is better to download the results into a spreadsheet so that you can work with them. Simply select download as CSV for Excel and open the results.
From the results I have downloaded you can now see the searches per month for the keywords we are researching, this allows us to see where there are seasonal fluctuations in search volumes and also to determine if there is a rising or declining trend for a product we are optimising our sites for.
As you can clearly see there is a significant drop in search traffic in August this common across most niches in the UK simply because it is a popular time for us Brits to bring our unique culture to our European neighbours.
Use High Ranking Sites for Keyword Ideas
A pretty cool feature you can use is the find keywords by website feature, this allows you to insert a URL and get keyword ideas for content that is not already featured on that web page. The top ranking website in the UK is proteinshakes.org.uk (who says exact match domains are dead, eh?) I have simply copy and pasted the homepage url into the Google keyword research tool and it has returned lots of results that Google feels this page is relevant for.
By sorting the results by competition we can find some highly competitive keywords with good traffic that with a little on-page optimisation and a few relevant links this page could rank well for too. In the example below Protein Supplements and Protein Shakes for Weight loss have some great search volumes and as they have a high competition it means that these keywords have a high commercial value attached to them that will probably have a good conversion rate too.
Filtering Keywords
On the left hand side of the Google keyword tool are two boxes Include terms and Exclude terms. These do exactly what they say on the tin and allow you to remove keywords that are not relevant to your site's content.
This a feature that I see many experienced internet marketers ignoring when performing keyword research for their clients especially if the client has advised they don't offer a particular product or service.
Finding Mobile Browser Search Traffic
With the bumper growth of mobile search and the recent news story just a few days ago on the BBC that mobile devices saw 1.2 billion app downloads in a week. It is very important that you also check mobile search data as part of your keyword research. I'd say the number 1 thing you need to invest your web design budget on this year is a mobile friendly website.
You may have spotted where to change the device data in a previous screenshot (bonus points if you did) if not here it is.
The drop down box "Show Ideas and Statistics for" in advanced settings allows you to easily change the type of device your potential site visitors are using. This is very useful for businesses in the Food and Entertainment industry where mobile traffic is growing rapidly.
Finally, don't expect that the data in the Google keyword tool is highly accurate; the search volumes are estimates and quite often they are over-estimated.
I hope this blog post has shown you a few features of the Google keyword tool you aren't already using and if you have any more tips feel free to leave a comment below.


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A chess puzzle, also called a chess composition, is a puzzle using chess pieces on a chess board or in print, that presents the solver with a particular task to be achieved within the boundaries of normal chess rules. (-Wikipedia)
Our books have hundreds of challenging scenarios produced or collected by professional chess instructors. Look forward to even more chess puzzle books in the near future.
Example solution -- To the right is a directmate problem composed by T. Taverner in 1881. The key move is Rh1. This is difficult to find because it makes no threat -- instead, it puts black in zugzwang, a situation in which every move leads to a disadvantage, yet the player must move. Each of black's nineteen legal replies allows an immediate mate. For example, if black defends with 1...Bxh7, the d5 square is no longer guarded, and white mates with 2.Nd5#. Or, if black plays 1...Re5, black blocks that escape square for its king allowing 2.Qg4#. Yet if black could only pass (i.e., make no move at all), white would have no way to mate on its second move.


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Blue Jays open flagship store at Eaton Centre
TORONTO -- The Blue Jays cut the ribbon on their flagship store at Toronto Eaton Centre on Friday, drawing hundreds of fans who lined the hallways of the city's biggest mall for a chance to see Jose Bautista and Drew Hutchison.
The store, the first of its kind for a Toronto pro sports team, will drive Blue Jays brand recognition and retail sales, giving fans a total team shopping experience, said Stephen Brooks, the organization's senior vice president of business operations.
"We've been bouncing this idea around for a couple of years, with the closure of the store we had in the Sears location in this mall," Brooks said. "That was an impetus for us to push this further, and things ramped up considerably over the last year."
Bautista and Hutchison were on hand for the ribbon cutting ceremony, and the players helped bag and hand out merchandise at the cash registers as fans lined up to make purchases. Some stood and waited for more than an hour just for the chance to see a pair of their beloved Blue Jays.
"I'm here to see Joey Bats," said Joselle Mendoza, who was waiting with her little sister, Joyze, and father, Jose. "I didn't like baseball until I went for the first time on Canada Day."
Mendoza is the type of fan the club hopes to attract with a greater presence in a high traffic shopping space like the Eaton Centre, giving casual baseball observers easier access to club merchandise and a Blue Jays experience.
"It's in a top shopping centre in a downtown area, and you couldn't ask for anything better spot," Bautista said. "Hopefully a lot of people can acquire some items that they want."
Brooks believes success at the new "prime" location could lead to even more retail opportunities for the Blue Jays away from their home base at Rogers Centre.
"We think this foray into a retail shop like this is perhaps the first step into some other locations," Brooks said. "... With the logo relaunch a couple of years ago, you see Blue Jays merchandize really take off. You see everyone wearing it and we think that's a positive, and this store is an attempt to build off that and hopefully grow the brand."
Jamie Ross is an associate reporter for MLB.com. This story was not subject to the approval of Major League Baseball or its clubs.


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Hello, all! Scribbler Jones here again, back from wandering the forums and all my miscellaneous doings to blog once more. And I wanted to pay tribute to arguably my favorite female wrestler... Kia Stevens, formerly known as Awesome Kong and now called Kharma.
I know, there are a lot of people clamoring for this woman. And why not? But you're
Hello again people, sorry I haven't written in a while. Been busy and hadn't really had any new ideas for a blog lately. Before I begin, I apologize about the facts I was unaware of in my last blog about Miz and Jericho. I admit that there's still a lot I haven't seen or am aware of yet, but I hope to get around to it. Still, feel free to comment as you see fit.
I want to share my thoughts
What's happening everyone? Scribbler Jones with another What If Mash-up idea. This one, I think, would be a little more possible than my last one. Once again, just spitballing, but who knows?
This time, I'm taking a look at two of the more disenfranchised Superstars of the WWE. Two of the most controversial loose cannons that have made their mark on RAW... The Miz and Chris Jericho.
Hi again folks, Scribbler Jones here again. I was watching some YouTube mash-up themes for various WWE superstars and just got to thinking of some oddball ideas. Let me start by saying: these are just some ideas I thought of, but am pretty sure they will never see the light of day; yes, I know a lot of people will jump to conclusions and not even hear me out; and I'm perfectly fine with that. With
Sup everyone, Cousin Scribbler again! So I was catching up on the Elimination Chamber results (sadly, I was not surprised by any of the results... pity... but that's another rant for another time...) and noticed that one of the themes that came up was "who should be GM of bot RAW and Smackdown?" I find myself slightly intrigued by the idea. I'm sure it may have been done before at some point,


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Kendra and Seth think they are going to be bored spending time at their Grandparent's estate while their parents go on a cruise. Once there, however, they discover their Grandmother is actually missing and that the estate is really a secret nature preserve for magical creatures – fairies, trolls, satyrs and more. Grandpa and Grandma are the preserve's caretakers. Some of the creatures on the preserve are nice…and some are not. There are rules and treaties that govern the preserve so that the creatures can all exist together peacefully. Some creatures follow the rules…and some don't! The caretaker's house is protected from even the evil creatures…except for certain nights, like Midsummers Eve, when the bad guys can roam free everywhere.
Kendra is careful and studious, always trying to think through situations before making a decision. Seth is curious and spontaneous, acting before he thinks while he is caught up in the moment. On Midsummers Eve Seth makes a spontaneous, careless choice that leaves them all vulnerable to attack. If you liked Spiderwick Chronicles I think you'll like this. Fablehaven is a series that will eventually have five books. I especially liked Fablehaven: Rise of the Evening Star, but I really enjoyed them all and am looking forward to book four. Author: Brandon Mull
- Brandon Mull Official Fablehaven Website
#1: Fablehaven
#2: Fablehaven: Rise of the Evening Star
#3: Fablehaven: Grip of the Shadow Plague
#4: Secrets of the Dragon Sanctuary


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Thank you!
very good - thanks!
I don't seem to have the 'gpu-control' branch under GFX, just AGPM.
Any ideas? not supported for my GPU or am i missing something from GPU DSDT injection part?
I'm still rather new at all this, but having your ioreg dump might help.
I'm still plagued by that ridiculously difficult to track CPU0 lost thing, as I appear to be the only person with this problem. I tried it with and without /Extra/Extensions.mkext and even moved all kexts into /System/Library/Extensions/ and let it generate a new /System/Library/Caches/com.apple.kext.caches/Startup/Extensions.mkext to no avail. I also booted from my /Volumes/USBBOOT with Chameleon RC3 installed on it – model identifier set to MacPro3,1 – and still nada. Then I restored an almost vanilla /dsdt.dsl and still nothing. I booted into a second Snow Leopard installation, as a last resort, but that also lost CPU0 after the installation of either my kext or the one provided by THe KiNG . I simply don't get it!?!
I found the following errors in kernel.log:
Not loading kext com.apple.driver.ACPI_SMC_PlatformPlugin - not found and kextd not available in early boot.
Not loading kext com.apple.driver.AppleHDAController - not found and kextd not available in early boot.
Not loading kext com.apple.iokit.AppleYukon2 - not found and kextd not available in early boot.
And I must admit, shamefully, that I ignored these errors simply because I had no clue. Then I remembered reading something about OSBundleRequired and found this info again (freaking stupid bookmark keywords). Long story short: Only add a OSBundleRequired property when the matching kext has one. And when it has one, then make sure to use the same value in your legacy kext.
And not only did it fix that CPU0 issue I was having, but also reduced my boot time (fractionally) due to having less errors!!!
Attached you'll find a new archive with the two kexts in it. Please note that I also renamed Legacy_ACPI_SMC_PP.kext to LegacyACPI_SMC_PP.kext so make sure to remove the old one!
@THe KiNG: You should fix your kext because you used Local-Root instead of Safe-Boot which is partly what caused me all this trouble. Or maybe not. That is if you or someone else here can explain to me how I can load my kexts from /Extra/Extensions without any errors/warnings
p.s. I load these kexts from /System/Library/Extensions/ and I haven't really checked them in either /Extra/Extensions/ or /Extra on the EFI partition which both may or may not work. As a matter of fact.... they don't seem to load properly from /Extra/Extensions/ Your mileage may vary, of course.


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Evolution of the Concept of Focal Therapy for Prostate Cancer
Evolution of the Concept of Focal Therapy for Prostate Cancer
The landscape of prostate cancer has been rapidly evolving, and technological advances in imaging and biopsy tools offer novel approaches to focal therapy. In this dynamic environment, the role of focal therapy for prostate cancer is being shaped both by advances in technology and by reconsidering the epidemiological and outcomes data for available treatments. Here we focus on the evolution of the concept of focal therapy and its potential roles in the management of prostate cancer.
Focal therapy for prostate cancer (PCa) is a management concept whereby active therapy is delivered to malignant portion(s) of the gland, eradicating the known and targeted cancer while sparing unaffected tissue and reducing the morbidity of treatment.[1] Whole-gland therapies such as radical prostatectomy and radiation carry a significant burden of side effects, and a concern regarding active surveillance is that it potentially misses the window of opportunity for active treatment and cure. In contrast, focal therapy—which combines active treatment of the identified clinically significant disease with active surveillance of the remaining unaffected prostate tissue—offers an intermediate means of active management of PCa with potentially better-preserved quality of life for the patient.
The landscape of prostate cancer management has been rapidly evolving, with technological advances in imaging and biopsy techniques offering novel tools for focal therapy approaches.[2,3] In this dynamic environment, the role of focal therapy is still being shaped, both by the rapid introduction of new technology and through reconsideration of the evidence regarding the epidemiology of prostate cancer and available treatment options.
Here we will focus on the recent evolution of the concept of focal therapy and the potential applications of this management approach within an array of options currently available for patients with localized PCa.
Focal Therapy as the Lesser Evil
The contemporary practice of overtreatment of low-risk PCa is well documented.[4,5] Today, most men diagnosed with PCa undergo whole-gland treatment, which in some patients will be associated with significant side effects that reduce their quality of life.[6] Importantly, a recent study could not confirm an overall or cancer-specific mortality benefit for radical prostatectomy over watchful waiting in men with low-risk disease.[4] Undoubtedly, however, active intervention puts the patients at risk for potentially severe complications.
In this setting, focal therapy, with its favorable side effects profile, may be a lesser evil. Preserving a man's quality of life by avoiding the side effects of whole-gland treatment[7] is a significant consideration in many patients (especially those with low-risk disease), and focal therapy may be an excellent active-treatment option for prostate cancer. In fact, the morbidity of focal therapy approaches has been demonstrated to be quite favorable in several reports.[8-10] Reported potency rates are excellent, and incontinence and bowel-related side effects are extremely rare, whereas these side effects represent a considerable quality-of-life burden associated with whole-gland therapies.[7] (See the Table for a summary of currently available published outcomes of focal therapy, including oncological outcomes and complications.)
Salvaging Active Surveillance
Typically, men on active surveillance protocols harbor low-risk prostate cancer. Progression of disease on active surveillance, understaging of the disease in the initial evaluation, or simply the psychological difficulty that the surveillance strategy poses for some patients most often leads to eventual whole-gland treatment.[11] This transition from active surveillance to whole-gland therapy takes the least invasive approach and transforms it into the standard-template management of cancer, with its potential treatment-related side effects.
In this setting of preselected patients deemed suitable for the least aggressive approach—ie, active surveillance—focal therapy could be integrated seamlessly into a continuum of minimally invasive management of PCa.[12] In other words, if during active surveillance a clinically significant disease focus is identified (eg, by a Gleason score of 7, increased tumor volume, more positive biopsy cores) that "reclassifies" the patient and thereby deems him unfit for active surveillance, this lesion could be actively treated with focal therapy, eliminating the malignant focus and thus "requalifying" the patient for active surveillance. In fact, focal therapy necessarily includes elements of active surveillance, since the multifocal nature of PCa requires that the untreated portion(s) of the gland be monitored.
This approach is novel for PCa management, since we typically rely on the characteristics of PCa at the time of diagnosis while ignoring the dynamics of PCa's natural history. Perhaps, however, this dogma should be reconsidered. Are the initial characteristics of the disease on presentation more important than staging after focal treatment? Once the focus of concerning disease (ie, the index lesion with a potentially aggressive natural history) has been eliminated, the cancer's drive for progression has been effectively mitigated.[13]
Expanding the Indications
The evidence of overtreatment is compelling. While in patients with minimal-volume low-risk disease the benefits of any treatment may not be evident, making the right treatment choice becomes paramount in patients with intermediate- and high-risk disease, for whom the risks of disease progression and PCa-related mortality are significant.[4] Given the long natural history of PCa, even in intermediate- and high-risk patients,[14] preservation of a good quality of life is still an important factor that should be carefully weighed when considering management options.
There are no data to support the inferiority of ablative approaches in eliminating cancer cells, as compared to surgical extirpation or radiation. Moreover, the use of ablative approaches may exploit an additional antineoplastic tool—the immune system—by exposing tumor-specific antigens.[15,16] Thus, if a focal therapy approach is technically feasible, that is, if the lesions are amenable to complete ablation with preservation of healthy tissue, it may need to be considered among the management options for intermediate- and high-risk localized disease. In these patients, multimodality approaches may be required in the same manner as adjuvant treatments are employed in combination with surgery and radiation.
In addition, it has been suggested that the metastatic potential and lethality of prostate cancer may be linked to a specific clone of cancer cells,[13] identified as the index lesion—typically the largest focus of cancer with the most adverse pathological features. The evidence in the literature suggests that the index lesion is driving the natural history of prostate cancer, whereas satellite foci play little to no role in disease progression. Hence, specifically targeting the aggressive index lesion would theoretically enable us to control the malignant potential of the disease without turning to more aggressive and morbid management modalities. Utilization of focal therapy in this setting would not preclude future more aggressive treatments if these became necessary.
There is currently a drive toward expanding the criteria of patient eligibility for focal therapy. To establish focal therapy as an alternative to radical prostatectomy or radiation for select patients, the inclusion criteria need to be expanded, with an aim of recruiting intermediate- and high-risk patients for focal therapy trials to confirm the validity of the focal approach from the oncological standpoint.
Focal Therapy as a Downstaging Approach
Currently, strict criteria apply to candidates for active surveillance.[17] As a result, many men with localized, low-risk disease would not qualify[18] (based on number of positive cores, extent of cancer in a core, or prostate-specific antigen [PSA]-related measures) and would therefore resort to whole-gland treatment. In this scenario, focal therapy potentially could be used to downstage PCa, by eliminating malignant foci and reducing the burden of clinically significant disease, potentially enabling some of these patients to display the disease characteristics that would permit enrollment in active surveillance protocols. Similarly, if a patient did not meet the criteria for active surveillance because of a lesion with a Gleason score of 7 but would otherwise be eligible, this criterion could be addressed with focal therapy, effectively extending eligibility for active surveillance to select men with intermediate-risk PCa.


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Multi-Purpose Community Action Agency, Inc. will begin the "Subsidy" portion of the Low-Income Home Energy Assistance Program (LIHEAP) that provides heating assistance to eligible households on November 7.
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Android Users - Coming Soon! - Migrating from aCar 4.8 to 5.0
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Nez Perce County deputy cited for DUI, again
LEWISTON, Idaho (AP) - A Nez Perce County sheriff's deputy who pleaded guilty to driving under the influence after a January 2011 arrest has received a second DUI citation.
An Idaho State Police trooper arrested Gaylord Jay Colvin shortly before 11 p.m. Monday in Lewiston. He pleaded not guilty Tuesday in Magistrate Court.
The Lewiston Tribune reports Colvin was placed on paid administrative leave.
Court records say Colvin was stopped for failing to signal while merging from one lane into another. His blood-alcohol level tested at 0.123 percent and 0.134 percent, above the legal limit of 0.08 percent.
Colvin told the Tribune he disagreed with the probable cause of the stop.
After the January 2011 DUI, Colvin was given a withheld judgment and his driver's license was suspended for 120 days.
Information from: Lewiston Tribune


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The U.S. Food and Drug Administration does not strictly regulate herbs and supplements. There is no guarantee of strength, purity or safety of products, and effects may vary. You should always read product labels. If you have a medical condition, or are taking other drugs, herbs, or supplements, you should speak with a qualified healthcare provider before starting a new therapy. Consult a healthcare provider immediately if you experience side effects.
Avoid if sensitive or allergic to any ingredients present in Vitamin C products.
Vitamin C is generally regarded as safe in amounts normally obtained from foods. Vitamin C supplements are also generally regarded as safe in most individuals in recommended amounts.
Vitamin C may cause abdominal cramps or pain, chest pain, dental erosion, dizziness, diarrhea, faintness, fatigue, flushing, gut blockage, headache, heartburn, increased risk of lung cancer, increased risk of Parkinson's disease, inflamed esophagus, injection site discomfort, nausea, red blood cell complications, skin tingling or irritation, slowing of endurance training, thickening of blood vessels close to the heart, urinary complications, and vomiting.
High doses of vitamin C have been associated with multiple adverse effects. These include blood clotting, death (heart-related), kidney stones, pro-oxidant effects, problems with the digestive system, and red blood cell destruction. In cases of toxicity due to massive ingestions of vitamin C, forced fluids, and diuresis may be beneficial.
Use cautiously in chronic, large doses. Healthy adults who take chronic large doses of vitamin C may experience low blood levels of vitamin C when they stop taking the high doses and resume normal intake.
Vitamin C in high doses appears to interfere with the blood-thinning effects of anticoagulants such as warfarin. Caution is advised in people with bleeding disorders or those taking drugs that affect bleeding. Dosing adjustments may be necessary.
Vitamin C may affect blood sugar levels. Caution is advised in people with diabetes or hypoglycemia, and in those taking drugs, herbs, or supplements that affect blood sugar. Blood glucose levels may need to be monitored by a qualified healthcare professional, including a pharmacist. Medication adjustments may be necessary.
Vitamin C may increase blood pressure. Caution is advised in people with high blood pressure.
Use cautiously in people with cancer (e.g. lung), cataracts, glucose-6-phosphate dehydrogenase deficiency, anemia and related conditions, disorders of the gut, kidney stones, or sickle cell disease.
Use cautiously in people after angioplasty and in pregnant women at risk of high blood pressure during pregnancy.
Use cautiously in greater than recommended doses in breastfeeding women.
Use cautiously in people taking antibiotics, anticancer agents, HIV medications, barbiturates, estrogens, fluphenazine, or iron supplements.
Use injected vitamin C cautiously, especially in high doses, as it may lead to kidney function problems.
Use vitamin C tablets cautiously, as dental erosion may occur from chewing vitamin C tablets often.
Avoid in people with known allergy or sensitivity to any ingredients in Vitamin C products.
Avoid high doses of vitamin C in people with conditions aggravated by increased acid, such as advanced liver disease, gout, a disease where kidneys fail to remove extra acid from the body, or a disease with early breakdown of red blood cells.
Avoid high doses of vitamin C in people with kidney failure or in those taking agents that may damage the kidneys.
Vitamin C intake from food is generally considered safe during pregnancy and breastfeeding.
Use cautiously in greater than recommended doses in pregnant and breastfeeding women.
Use vitamin C cautiously in those at risk of high blood pressure during pregnancy.
Portions of this document last updated: Nov. 01, 2013
This evidence-based monograph was prepared by The Natural Standard Research Collaboration
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Road sweepers were told this week that their numbers would be cut as part of efforts by Wiltshire Council to save £1million.
There are 18 road sweepers in the county but this will be reduced to 10.
However, a spokesman for the council's highways contractor, Balfour Beatty, said that up to 15 new roles are to be created as part of restructuring of its highways and streetscene team and the road sweeper staff will be able to apply for the new roles.
A spokesman for Balfour Beatty, which took on the £25million a year highways contract last June, said he could not give details as to how the restructured contract would operate as it had not been finalised.
A Balfour Beatty employee, who wished to remain anonymous, said: "We are disgusted because we were told that there would be no cuts to frontline services and now this is happening.
"Morale is just so low – it has been for a long time now – but when Balfour Beatty took over we were told nothing like this would happen because we've got contracts and now it has.
"We were told that agency staff will be moved on and we can have their jobs but just because we work in one town now doesn't mean we'll get offered a job in the same town and people won't want to travel so it's just a way of getting rid of us.
"People will notice a massive difference."
It is believed that one member of staff would be cut in towns which have both a litter picker and another member of staff operating a large street cleaning machine.
However, Coun John Thomson, cabinet member for transport, disputed the £1million figure given by spokesmen for both Wiltshire Council and Balfour Beatty on Wednesday.
He said: "There are no cuts; there is a restructure to the highways team so people will be moved from one role to another.
"When highways maintenance was put under one umbrella contract the company that took it on were told they had to make efficiency savings year on year for the life of the contract so our money went further.
"As long as the roads are swept, gullies are emptied and holes in roads are filled we don't mind how they chose to deliver the service as long as they meet our standards."
Highways issues can be reported to Wiltshire Council via the My Wiltshire App, its website or on 0300 456 0105.


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One hundred episodes for a television show is an achievement in itself, but for a show to reach 200 is rare for any type of show.
"Family Guy," the adult animated show created by screenwriter Seth MacFarlane, aired its 200th episode Sunday, Nov. 11, on Fox (WJBK-Channel 2 in Detroit).
The show, which has a cast including actors Seth Green and Mila Kunis, aired its first episode after the Super Bowl on Jan. 31, 1999.
"Family Guy" weathered troubles for its controversial content when it first started. During the first few years the show aired, it was in constant competition with other shows in the same time slot. The ratings slipped, and Fox canceled the show in February 2002.
In the next three years, "Family Guy" developed a cult following, and the show came back in May 2005 and has been going strong since then.
The 200th episode begins with Brian, the Griffin family's talking dog, using a time machine built by Stewie, the baby of the family, who speaks with an adult voice. Both of the characters are performed by the show's creator MacFarlane.
Viewers know it's a common theme in the past couple of seasons for Brian to use the time machine to get women to have sex with him.
After one of Brian's exploits, he tries to cover his tracks, and, in turn, the time machine explodes, causing time to move in reverse. As Stewie and Brian view events now going in reverse, such as a backward chicken fight, they start to feel the effects of moving backward themselves.
Now Stewie and Brian must race time to prevent the time reversal from being permanent.
Fans will like the reverse action and comedy that come from everything moving backward. Like other "Family Guy" episodes, much of the humor is sexual, gross or a parody of something. The humor in this episode, as in all "Family Guy" episodes, is more suited for an adult audience.
Longtime fans will appreciate this one more as scenes from old episodes pop up in reverse. The title, "Yug Ylimaf" (read it backwards), fits the content of the episode perfectly. It plays into the cutaway gag and off-color humor the show is known for and that fans of the show have come to love.


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Residential Land - Grafton, WV
Homeowners opportunity of a lifetime. Take a leisurely walk through Twin Oaks and explore the opportunities that each building site offers, along with its beauty and serenity... and many other amenities including protective covenants and public water. A little bit of heaven with ponds, deer, and wild turkey.
Would you like more information regarding this property?
Please call (304) 291-2121.
Data Provided by North Central West Virginia Real Estate Information Network, Inc.More Information for this listing


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FOUR men have been jailed following the murder of a man during a robbery in North Yorkshire Jonathan Charles Binns, 41, was stabbed during a robbery at a friend's flat in Eastborough, Scarborough, on August 7 last year, after four men forced their way inside.
Kevin John Pickering, 29, David White, 34, James Cousins, 31, and Nicholas Polihronos, 31, all from Scarborough, were sentenced at Leeds Crown Court yesterday following a trial.
Detective Superintendent Dai Malyn, who led the investigation, said: "Jonathan Binns was a peaceful man, who lived and worked in the community, and who was simply enjoying a social night in with a friend.
"Mr Binns was subjected to a vicious and unprovoked assault where he was stabbed twice. Despite desperate first aid attempts, he died tragically at the scene.
"This was a difficult case to investigate, which I am pleased was acknowledged by the judge."
Pickering was convicted of murder, and sentenced to life, with a minimum of 23 years' imprisonment.
White was sentenced to 13 years for manslaughter. Cousins and Polihronos were also found guilty of manslaughter and jailed for 12 years each.
All four were convicted of conspiracy to commit robbery and received sentences of ten years to run concurrently.
White received an additional four months for drug offences.
Julie Anderson, Mr Binns' sister called the murder a "cowardly, unprovoked attack, carried out in a way that was cruel, wicked and so totally unnecessary".
She said: "Johnny was a peaceful, non-violent person who showed no violence towards his attackers, he was simply brave enough to resist the attempts to steal what was rightfully his.
"We will never come to terms with what has happened.
"Johnny came from a large and loving family and we will carry the burden of Johnny's loss forever.
"The last time we saw Johnny was at a family wedding and now we will never get to experience any of those happy times ever again with him."