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“If I could go back in time,” said Hilary Osborn Malecki, “I’d have some of the strawberry ice cream that was made back then.”“Wainscott was known for its strawberries. The milk and cream were fresh from the farms and the ice to make the ice cream came off of Wainscott Pond. The children would run it around to the old ladies who couldn’t come to get it themselves,” she said. “My great grandmother Ruth Hedges Osborn wrote in her diaries about making strawberry ice cream and she was famous around Wainscott for her coconut cakes, and I am famous among my friends for her coconut cake too!”A 10th-generation Osborn, Hilary grew up in Wainscott and has spent 15 years piecing together her family’s genealogy. “I was cleaning out the attic of our family home and ran across diaries and letters that were stored there. I saw that some of the ink was fading, making it hard to read them. I didn’t want to lose the history behind them so I started transcribing them.” Reading these personal diaries and letters gave Malecki a view of the everyday lives and events of her ancestors unlike anything found in a history book.“In 1637, many of the prominent businessmen in England were not happy with the King. The group of 20 to 30 men and their families boarded The Hector and took off for what is now New Haven, CT,” Malecki said. “Once the king realized that he lost some of his best citizens, he passed a rule that you had to ask permission to leave. The Hector was the last boat to go without asking permission,” she said.“The first Osborn had a very large family. It’s a shocking story of how they all lived through it. Then in 1648, Lion Gardiner said he was going south to what is now East Hampton and he became the leader of the group. The first Osborn was one of the men in the group and is credited as one of the founders of New Haven, CT, and subsequently East Hampton. The Osborns lived where the Maidstone Arms is now. Some of the Osborns went to live in Wainscott and some stayed in East Hampton, which was originally named Maidstone. For reasons unknown,” she added, “the Wainscott Osborns spell their last name without the ‘e’ while the East Hampton Osbornes kept the original spelling. And,” she added, “The Wainscott settlers became known as ‘Dumplings,’ just like the East Hampton settlers are known as ‘Bonackers.’”In addition, Malecki’s ancestry research and the diaries and letters that she has transcribed indicated that, “My great-great-grandfather Thomas Osborn was born in 1807. He was a wealthy farmer and supplied horses to the Civil War efforts and would also supply meat to the whaleships when the men went out whaling. He died in 1867 when he was 60 years old. My grandfather, Raymond, was born in 1891 and had a twin brother, Leroy. They lived in nearly identical houses across the street from each other their whole lives,” Malecki said.Stories Of Sorrow And CommunityHaving attained a special view into the lives of her ancestors, Malecki said sadly, “So many people died during those times though. There would be an entry in the diary that would say a neighbor’s baby died or someone lost a baby. There was also a sad story about a two-year-old that drowned in a horse trough. There was a ton of sadness,” Malecki said.“There was no 911 service you could call in an emergency, and even if you broke a bone, you had to wait for a bonesetter to come. There was a doctor named Dr. Sweet that would usually come once a week. Everyone was intimately involved in each other’s lives because they had to be. They helped each other because it was necessary for survival,” she added.According to Malecki, “In the winter time when Wainscott Pond would freeze, the men would all go out together and they would cut slabs of ice and use the horses to drag it out and put it into an ice house. Each man had a turn to get his ice. When they were done for the day, the wife cooked and fed all the men. They were dedicated to each other and to their community, which revolved around their church. They attended church on Sundays. This was the only day that they had to rest from their hard, laborious week and relax with their families and friends.”Charles Osborn, Malecki’s father, was born in 1928 in the family’s Wainscott farmhouse. “His father, my grandfather, ran an active potato farm back then and was a big employer in Wainscott. My father was a potato farmer too and he married my mother Dotty. She was from Montauk and was a member of the Choral Society,” she said.Malecki has two sisters. She remembers that her father would occasionally take her, and her sisters Cynthia and Amy and their friends ice skating on Wainscott Pond when they were young. But Malecki had heard stories in her youth that many of her ancestors had drowned in the pond and admitted, “I was always scared to death to skate on the pond, but knew my father was very cautious and would know when it was safe.” A member of the board of trustees for the East Hampton Historical Society and a Wainscott Osborn, Malecki’s knowledge and historical documentation of her own heritage has enabled her to give historical presentations about the early settlers as well as to present a two-part series last February that had addressed the flu pandemic of 1918. “The flu,” Malecki stated, “was deadlier than the Plague. A lot of people don’t realize it, but 675,000 Americans died from it. We always like to think of the old days as the ‘good days.’ But it really wasn’t like that for the settlers. The diaries and letters really tell the story. Their lives were very difficult. It’s just so hard to conceptualize it now. So hard to understand how strong they had to be to survive. Their spirit and will, their community, their core family values and faith, no doubt carried them through.”firstname.lastname@example.org Share
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Lesley King, College of Law The order Behrens J considered four authorities: the decision of Lewison J (as he then was) in Re P; the decision of Munby J (as he then was) in Re M  EWHC 2525 (Fam),  3 All ER 682,  1 WLR 344; the decision of Morgan J in Re G(TJ)  WTLR 231; and the decision of Senior Judge Lush in Re J(C)  WTLR 121. He summarised the guidance from them as follows: (1) The 2005 act marks a radical change in the treatment of persons lacking capacity. The overarching principle is that any decision made on behalf of P must be in P’s best interests. This is not the same as inquiring what P would have decided if he or she had had capacity. It is not a test of substituted judgment but requires the court to apply an objective test of what would be in P’s best interests [paragraphs 36-38 of Re P]. (2) The court must follow the structured decision-making process laid down by the 2005 act. Thus the court must consider all relevant circumstances, and in particular must consider and take into account the matters set out in sections 4(6) and 4(7) which I have set out above. (3) The court must then make a value judgment giving effect to the paramount statutory instruction that the decision must be made in P’s best interests [paragraph 39 of Re P]. (4) As Munby J pointed out [paragraph 32 of Re M] the 2005 act contains no hierarchy between the various factors which have to be borne in mind. The weight to be attached to different factors will inevitably differ depending on the individual circumstances of the particular case. There may, however, in a particular case be one or more features which, in a particular case, are of ‘magnetic importance’ in influencing or even determining the outcome. (5) When evaluating all the factors to determine what is in P’s best interests (the balance-sheet approach), the views and wishes of P in regard to decisions made on his behalf are to carry great weight. However, there is no presumption in favour of implementing those wishes. The weight to be attached to P’s wishes and feelings will always be case-specific and fact-specific. In some cases, in some situations, they may carry much, even, on occasions, preponderant, weight. In other cases, in other situations, and even where the circumstances may have some superficial similarity, they may carry very little weight (paragraph 34 of Re M). Behrens J then acknowledged that the authorities differed as to the relevance to the decision-maker of P ‘having done the right thing’ by his will and being remembered for that after his death. Both Lewison and Munby J took the view that this was a relevant matter to be placed in the balance sheet. However, Morgan J and Senior Judge Lush expressed doubts [see paragraphs 52–53, 64 of Re G(TJ) and paragraph 54 of Re JC]. As Morgan J pointed out, the making of the gift and/or the terms of the will are not being made by P but by the court. Furthermore, insofar as there is a dispute between family members, the unsuccessful members are not likely to think that he had done the right thing. Behrens J accepted that there was force in Morgan J’s views, and on the facts of the application before him decided that it was unnecessary to place any weight on this factor. Summary of authorities In a very helpful judgment, Behrens J reviewed the recent decisions on statutory wills and produced a summary of how to make a decision that is in P’s best interests, in the context of a statutory will. The statutory provisions The law is straightforward. Under section 1(5) of the Mental Capacity Act 2005 any decision made for a person, P, who lacks capacity must be made in his best interests. Section 4 expands on the concept of ‘best interests’ referred to in section 1(5). It provides (so far as relevant):(2) The person making the determination must consider all the relevant circumstances and, in particular, take the following steps.(6) He must consider, so far as is reasonably ascertainable:(a) the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity),(b) the beliefs and values that would be likely to influence his decision if he had capacity, and(c) the other factors that he would be likely to consider if he were able to do so.(7) He must take into account, if it is practicable and appropriate to consult them, the views of:(b) anyone engaged in caring for the person or interested in his welfare,(d) any deputy appointed for the person by the court, as to what would be in the person’s best interests and, in particular, as to the matters mentioned in subsection (6). Section 16 gives the court the power to appoint a deputy, or to make decisions on behalf of a person who lacks mental capacity. Section 18 sets out the powers conferred by section 16, which include the execution for P of a will. The decision to authorise the execution of a will for P is a decision which must be made by the court itself, and cannot be entrusted to a deputy (section 20(3)(b)). The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it (paragraph 2 of schedule 2). P had substantial capital assets (£3m) but it was impossible to predict what the estate would be on death. This would depend on the extent to which properties are sold and thus incur a liability to capital gains tax, the inheritance tax regime at the date of death and the extent to which the assets have been spent prior to death. There were a number of claimants including an elderly mother suffering from dementia, an illegitimate adult son and a longstanding cohabitee who was now acting as a carer. P had written a will and signed it but it was not witnessed. It was regarded as helpful but not of magnetic importance. The final order gave 35% to the cohabitee and divided the balance between the illegitimate son (43%) and members of P’s family who had assisted him in his property development business (22%). In addition, a lifetime gift of £50,000 to P’s mother was authorised to help cover the cost of her residential care.
The possibility that the law applicable in Wales differs from that in England has become a reality, a leading judge said today, warning of gaps in access to justice in the country. Giving the Law Society’s Annual Lecture at the National Eisteddfod, His Honour Judge Milwyn Jarman QC (pictured) said: ‘The possibility that the law applicable in Wales differs from that in England has become a reality.’To give just a few examples, the Housing (Wales) Act 2014 introduces a new regime of registration for landlords of private property in Wales. The Renting Homes Bill provides for a much-simplified system for renting private residences.’The judge said demand for legal services in Wales is likely to increase, at a time when there is already unmet demand for some services and the number of lawyers and law firms in Wales is falling.Jarman warned of a lack of access to justice following legal aid cuts and civil litigation reforms, adding that some criminal lawyers are now looking to retrain in other areas.Jarman said it is becoming increasingly difficult to provide full bilingual police and criminal court services in some rural areas.‘In Wales, such factors as poor transport links, deprivation in post-industrial and other communities, large distances between communities in rural areas, and the language issue give rise to particular concerns.’Saying he could not give a view on the need for a formal separate jurisdiction, ‘this development, if it is to take place, is unlikely to do so for a number of years’. In the meantime: ‘Whether it does so or not the citizens of Wales are entitled to expect effective access to justice and to legal services.’ Jarman noted that 11 Welsh courts are set to close as part of the government’s review of the courts estate and he urged ‘great care’ in making decisions which will improve access to justice for rural communities.’Even where there are frequent public transport services available in such areas, and in many areas of Wales they are not, it is not always affordable by the most disadvantaged in society.’
RUSSIA: RZD has ordered 200 sleeping cars which will be supplied with interchangeable standard and broad -gauge bogies for services to central and western Europe. A contract was signed with Siemens Mobility and Transmash Holding’s TVZ subsidiary onboard a Sapsan high speed train on July 30. According to RZD, these will be the first Russian-built coaches meeting RIC standards for use on the rail networks of UIC members, as RZD’s current fleet of 232 RIC vehicles was imported from Germany. Siemens’ share of the contract is worth €320m, and includes supplying the 1 435 mm gauge bogies, major parts of the bodyshells and interior components, as well as certifying the coaches for international traffic. Tver Carriage Works will produce the 1 520 mm gauge bogies and assemble the cars in 2010-15. The coaches will be designed for 200 km/h operation, with the possibility of upgrading for 250 km/h. ‘We are definitely committed to becoming the main foreign partner of RZD’, said Hans-Jörg Grundmann, Chief Executive of Siemens Mobility. ‘With the order won today, we have taken another step toward that goal.’
Energous Receives FCC Certification for Over-The-Air, Power-At-A-Distance Wireless Charging Technology Use
Energous Corporation, the developer of WattUp wire-free, power-at-a-distance charging technology has received FCC certification for its first-generation WattUp Mid Field transmitter, which sends focused, RF-based power to devices at a distance. This is the first FCC certification for power-at-a-distance wireless charging under Part 18 of the FCC’s rules. This development represents a new era of wireless charging, and opens up a tremendous opportunity for the electronics industry.Energous’ WattUp Mid Field transmitter underwent rigorous, multi-month testing to verify it met consumer safety and regulatory requirements. As the first Part 18 Federal Communications Commission (FCC) approved power-at-a-distance wireless charging transmitter, the certification marks a significant milestone for the consumer electronics industry and paves the way for future wireless charging ubiquity for nearly any small electronic device, including smartphones, tablets, fitness trackers, smart watches, ear-buds, wireless keyboards and mice, smart speakers and more.The company’s WattUp Mid Field transmitter can deliver power via radio frequency (RF) energy to WattUp-enabled electronic devices at a distance of up to three feet. It can do both contact-based and non-contact-based wireless charging, as well as charge multiple devices at once, WattUp is highly scalable and automatically charges devices, as needed, until they are topped off.While older charging technologies allow for only contact-based charging, Energous claims to be the only company to achieve Wireless Charging 2.0 to-date, which is the ability to charge devices both at contact (including fast charging large battery devices such as smartphones and tablets), as well as power-at-a-distance. Similar to WiFi, the WattUp ecosystem ensures interoperability between receivers and transmitters, regardless of the manufacturer, making the entire ecosystem flexible and accessible for consumers and manufacturing partners.WattUp transmitter technology will continue to advance in power, distance, efficiency and scale, with applications that could include integration into the bezel of computer monitors, sound-bars, smart speakers, TVs, smart lighting, and other electronics in the home, office and beyond. This represents the first time FCC equipment certification has been awarded to any device that charges wirelessly at a distance, and operates under Part 18 of the FCC’s rules. The FCC’s Part 18 rules permit higher-power operations than are permitted under the Part 15 rules that have been used to approve other at a distance charging devices.The company will be demonstrating its very latest WattUp technology at CES 2018 electronics show from January 9-12 in Las Vegas, NV.
Related TopicsGreater Cleveland High School Hockey League Matt Loede Below is a look at this weeks games for teams from the Greater Cleveland High School Hockey League:Red League Fri 12/2/20167:00p Hudson at Shaker Hts. ThorntonSat 12/3/20165:20p Western Reserve Academy at Kenston The Pond6:30p North Olmsted at Strongsville OBM Arena / IcelandSun 12/4/20163:00p Strongsville at Midview Elyria3:15p Cleveland Hts. at North Olmsted North OlmstedWhite League Tue 11/29/20168:45p Olmsted Falls at Parma Sr. High RiesSat 12/3/20165:00p Benedictine at Canfield Ice Zone 6:00p Amherst at Avon North Olmsted 6:15p Brecksville at NDCL Mentor 8:15p Bay at Westlake North OlmstedSun 12/4/20164:15p Westlake at Olmsted Falls Brooklyn 5:00p NDCL at Benedictine Cleveland Hts. North 5:30p Parma Sr. High at Bay Serpentini 6:45p Chagrin Falls at Brecksville BrooklynBlue League Wed 11/30/20167:00p Nordonia at Elyria Catholic Elyria7:15p Avon Lake at North Canton Hoover Center IceSat 12/3/20163:10p CVCA at Aurora The Pond3:30p Brush at Garfield Heights Garfield6:00p Normandy at Twinsburg Garfield7:00p Elyria Catholic at Lakewood SerpentiniSun 12/4/20163:30p North Canton Hoover at Normandy Ries4:45p Twinsburg at West Geauga Gilmour R17:00p Lakewood at Brush Cleveland Hts. North 7:00p Garfield Heights at Mayfield Gilmour R1 7:35p Aurora at Avon Lake Rocky River Matt Loede has been a part of the Cleveland Sports Media for over 21 years, with experience covering Major League Baseball, National Basketball Association, the National Football League and even high school and college events. He has been a part of the Cleveland Indians coverage since the opening of Jacobs/Progressive Field in 1994, and spent two and a half years covering the team for 92.3 The Fan, and covers them daily for Associated Press Radio. You can follow Matt on Twitter HERE.
FacebookTwitterEmailPrintFriendly分享The re-start of the 2015 Iditarod race route has been moved to Fairbanks due to lack of snow near Willow. This is the second time in 42 years this has happened according to local musher Paul Gebhardt who sits on the Iditarod board of directors as the musher representative. Gebhardt said there are now 79 mushers participating in this year’s race. The traditional Anchorage Start will take place as scheduled on Saturday, March 7, beginning at 10:00 a.m. The Restart will now take place in Fairbanks on Monday, March 9, beginning at 10:00 a.m. He added that in all the years he has run the Iditarod he has never seen the Dalzell Gorge in such bad condition. Gebhardt: “But the route is a little bit different from the 2003 route because this year when we get to Galina we’re heading up to Huslia and then back down to Koyukuk, which we’ve never done in any Iditarod.” Gebhardt: “Four of us on the committee flew out to Dalzell Gorge and the farewell burn and we looked at the trail to determine if it’s safe for travel. There’s literally no snow in the gorge itself, it’s glare ice and shelf ice that has broken down and large boulders that are in the trail because there’s no snow, and there’s no snow to make the ice bridges so we deemed it unsafe to travel through with a dog team.”
SPOKANE, Wash. (AP) — Przemek Karnowski scored 11 of his 14 points in the second half, Domantas Sabonis added 11 off the bench, and No. 3 Gonzaga overcame a sluggish first half to beat San Diego 59-39 on Thursday night for its 22nd straight victory.With the West Coast Conference regular-season title already wrapped up, the Bulldogs (29-1, 17-0) were mostly uninspired for the first 20 minutes against the Toreros before pulling away in the second half. Karnowski scored eight points in the first 6 minutes of the second half and the Bulldogs’ superior size on the interior overcame an off shooting night from the outside. Kevin Pangos hit a 3-pointer to start the game, but Gonzaga missed its next nine and finished just 3 of 12 behind the arc.Brandon Perry led San Diego (14-15, 7-10) with nine points. Leading scorer Johnny Dee was held to six.NO. 7 ARIZONA 82, COLORADO 54BOULDER, Colo. (AP) — Stanley Johnson scored 11 of his 15 points in the second half and Arizona beat struggling Colorado.Kaleb Tarczewski scored 14 points on his 22nd birthday and Gabe York also had 14 points for the Wildcats. Arizona has won five straight and can clinch the Pac-12 title with a win at Utah on Saturday.The Wildcats (25-3, 13-2) led by 12 at halftime and made it 43-30 at the start of the second half. Tarczewski then scored eight straight points to give Arizona a 51-32 lead with 14:30 left.Colorado (12-15, 5-9) had trouble taking care of the ball in the second half. The Buffs committed four turnovers in the first 20 minutes and coughed it up six times in the first 10 minutes of the second half.NO. 13 UTAH 83, ARIZONA STATE 41SALT LAKE CITY (AP) — Delon Wright scored 12 points to help Utah rout Arizona State.The Utes (22-5, 12-3 Pac-12) put away the game in the first half with a 41-9 advantage. Center Jacob Poeltl finished with eight points, six rebounds and six blocks.Gerry Blakes scored 12 points for Arizona State (15-12, 7-7).The Sun Devils shot 15.4 percent in the first half, with an 0 for 9 start. They had four field goals and 10 turnovers at halftime and had 10 shots blocked.NO. 21 SMU 66, MEMPHIS 57MEMPHIS, Tenn. (AP) — Nic Moore scored 14 of his 16 points in the second half and SMU pulled away to beat Memphis.Moore’s 3-pointer with 3:27 left capped a 15-4 run for the Mustangs (23-5, 14-2 American Athletic Conference), breaking open a 48-all game. Ryan Manuel and Yanick Moreira added 11 points each to help the Mustangs win their fifth straight and 21st in 23 games.Shaq Goodwin led Memphis (17-11, 9-6) with 17 points and seven rebounds. Nick King added 14 points, connecting on five of seven shots — including both from outside the arc.