Grave markers in colonial america Essay Example | Topics and Well Written Essays - 2500 words

Grave markers in colonial america - Essay Example Both the whites and the blacks has ever since observed some form of marking to the passing of a person with grave markings being among the most used forms of observing the passing on of a person. Colonialism, slavery as well as the ideology of being free had a critical part to play while observing this stage of life and hence the interest in carrying out this study. In understanding the evolution of humans through the stages of slavery, colonialism as well as the independence, this paper intends to focus on historical artifacts and records to establish the perceptions and attitudes of persons towards slavery, colonialism and their effect on tradition and the issue of grave markings with a special focus on America. This paper therefore intends to answer the question on how the larger society have swayed over years from the dictates of slavery and colonialism in such social concerns and whether this can be observed in the grave markers. The evolution of social perceptions and attitudes towards the death of a person and the subsequent burial of the remains can be seen through many archaeological features among which are grave marks. Early markers have evolved to shape what we have today in many societies with a definite evolution from then use of wood, slate, sand stone, marble/sandstone as well as granite for making grave markings (Erik, 2014). Besides, the reshaping of the society as influenced by religious believes would be seen to have had great influence on how people would perceive death. For instance, traditional African faiths had much respect of dead persons as were believed to only change in physical state but living in the spirit after death. In the 18th century (after great awakening), the religious wave in America changed the perceptions of the whites much through the faith that death was not to be feared but rather looked forward to. Christianity taught that death gave a person a time to reunite with

Equity law Essay Example | Topics and Well Written Essays - 5000 words

Equity law - Essay Example Firstly, this scenario raises the issue of creation of a private express trust. An express trust is like a fiduciary relationship where the person who is the trustee holds legal title for property in trust for the beneficiary who holds the equitable title. In order for a trust to be valid, it must be in writing, it must be executed by a settler who has the necessary capacity, it must have a legal purpose, must have an identifiable beneficiary and trustee, and the intent to create a trust must be clearly identifiable. In the case of Alice’s will, the validity may not be questionable in large part because it has been set out in writing. It appears that Edward is the primary beneficiary, although he is also one of the executors of the trust. One of the issues that arises in this case is establishing the validity and authority for both Edward and Alice’s carer Sandra, to function as executors of her estate. One of the first things that must be established is whether the will as written can stand as an express trust with testamentary capacity having been adequately proved. The terms of a will can be held to be valid only if it can be shown that a testatrix was in full possession of her faculties when she made the dispositions under the will. In the recent case of McClintok v Calderwood1 this was one of the issues that was raised. In this case, the defendant was the wife of one of the deceased’s nephews. The deceased had made two wills while at a nursing home, the only difference between the two was that the first one did not name an executor, while the second named the defendant as executrix of the deceased’s estate. One of the defendant’s brothers contended that the wills were invalid for lack of testamentary capacity and for want of knowledge and approval. Testamentary capacity was however, established in the case of McClintok v Calderwood. Although the deceased had been confused at times and showed early signs