Thursday, October 09, 2008

There are spices interwoven among alive things and through them. Although they are rare they are there without apology everywhere. Things like lightning before thunder. Things like things the uncorked wine smelled like. Things like things he found while gathering rhubarb once. And this time he would have enough jar room to capture them.

He opened the bottle. At this point in his life he had run out of ideas and the air was slowly getting old. The rum he drank soured a long time ago and the arms he swung around were tired from all the seasons he’d seen. The murder rate had gone up again and there was another war. The car he’d bought used earlier that month was ok except for the brakes so the way he’d have to drive around almost required clairvoyance. So he’d been working out ways to keep himself alert during certain hours. But the rains were here and his mind falling out.

I thought I heard him say once that he went to a doctor who told him the voices on the radio were all in his head. And when he saw people changing the volume he had to convince himself they were doing something with its own significance that he would never quite understand.

The Oldsmith Company had a strange history. During the Civil War it produced binoculars made entirely out of glass. When the Wright brothers first flew Oldsmith began building airports on islands long before any flights above oceans were attempted or dreamed of. During prohibition they brewed up an entire liquor and medicine empire down in miles in the mines they had acquired from the federal government during the first Great War. Soon it was being said these medicines were making the blind see and the lame walk.

He wanted miracles and all he got were the near formless technologies Or came up with. Imprecise phenomena there was no other category for. Individual storage for particular molecule structures. These prisms somehow allowing for ultraviolet exist in vacuums (which broke every law of optics and generated a new previously unrecognized type of heat.) Organized antigravity horticulture. Escalators which could carry near celestial weights. Supersolid plastics permeable to only specifically programmed gases or liquids, at specifically programmed times in specific environments.

It was his job to market and sell things that couldn’t even be scientifically proven to exist.
Ideas are easy to make others salivate for but not if you can’t give them a flavor they have already tasted. At that time in history the rest of the world was still observing things using Newton and Einstein eyes.

Put the raw data next to something grateful for its presence near it. Put all the tools on the ground and pretend all you know is grace and symmetry.

The maze was easy but it was filled with extended doom. They left behind instructions to follow and little pills to for him to take. He always had to bring himself to swell up a certain courage to swallow these little reminders. He was better at blind faith for completely huge unknowns, like: what am I going to do in this new country, how am I going to survive in the future… rather than these little immediate tests every day.

Marcus, his boss, he only met a few times. When he saw him he was wearing a bandaid right in the middle of his forehead. He knew, through rumor, Marcus would inject some substance directly into his frontal lobe through that little hole right in the middle of right above between his eyes.

The adventure and the mystery. Murdered astronauts. Markets for thoughts. Ligers and Tapirs. Hundred year parties. Too out there to ever come back from.

There are territories where spices are found not used in local cuisine although they and their holistic qualities are well known. We do so we travel there.

Some leathery earwigs crawled in.

Thursday, October 02, 2008

Friday, September 19, 2008

The elegant gardians of culture get very afraid when the economy takes a nose dive. They live, academics, nonprofit human rights advocates, musicians and performance artists, off of the cream money. Overflow money that financial institutions and corps redirect to simultaneously genuinely bouy up the humanities and use for charitable tax writeoffs. Give and you shall receive.
But please. When the shit hits the fan artists are fucked. Artists already precarious relationship in capitalism is more or less destroyed and they have to go work on shrimping boats.
Wish we were france right? Sit and sip wine all day and then the government sucks the artist dicks? I don’t know if that’s exactly how it works but that’s what I hear at least. What the fuck are we gonna do in this country right now? Ask the fed to save our asses? Ask obama to institute more lending from abroad? I want to see the glory of the apocalypse like everyone else but not yet por favor.
Bloodgin out.

Wednesday, August 20, 2008

sugar eaters who beleive they leak blue booger soot but in fact bleed poppy blood

Lola and Jack. Kind of like Jack and Diane except Lola is latina, not from the midwest, unlike Jack who hales from Chicago. These two go around the miami streets looking for trouble, Jack running away when he finds it. The street kitties look on with feigned boredom. For a while it was too hot for these two to have fun in the streets, now its too rainy. Dont worry doggies, your day will come soon enough.



I love how Jack is embarrased of the camera and Lola is basically vogueing.

Sunday, August 03, 2008

Reset Button. (part I)
You want to talk about sanity and Bigelow? Cappadonna’s Bigelow. The dude who couldn’t put shit in to the miracle machine so took all the broke-ass pawns off prowl duty and started a revolution in the no-revolution zone- Columbia hights DC. Man was on some one flew over type shit. Fuckin, ugly, poor and crazy. You can’t stop a force like that.
So there he was. At the zoo. That way he could dip in and out of all the different animal houses, conduct each branch of operations designated with a genus and species and in the shadows where only lizards or monkeys could eavesdrop conspiracy.
That way. That way was the only way that summer I think. You heard all about the wheels of destiny right? Well that was where Bigelow came in- he was a man in the right place at the right time. DC was a ghost town around then. This was like ‘90 or something. We should of took pictures it was so awesome. And over. Things are terrible now. Worse than they was before all this.
Yeah so destiny right? The kingpin before Bigelow was prairie road joe. He was a cold hearted mutherfucker. A Asshole hobo machaveli. The only people on these streets who could import product at that time had to be hard-cut but this guy was a fucking nightmare. 44 murders in as short of a time he was on top. However. We were served. The hustlers and junkies were like edamame. And anyway the blood dried fast it was pretty hot and dry that year.
Anyway Prarie road set it up where we’d have to do the worst things imaginable to get our take and our point across at the same time. The machine was oiled with bloody ghastly examples. This was about getting to the core. raped rape. Murdered death and burned arson. Fucking Chaos in the air like that you think the machine would’ve broke down. But it didn’t. Not at all. For two years this city was lit up. Only the wildfire had to be stoked. That’s where Bigelow found his way in. He was like the last ditch effort of the less favored go to guy of Prarie. Praries ace was this nigga Papa. Papa don’t preach right? Yea so Papa aimed his gun one day at the dude who corporate sponsored Prarie’s junkie picnics Alvaro. Jr. Alvaro is Harmony’s boy you know him right? Yeah this dude was his dad. Papa’s Sucker.
Anyway, apparently Papa’s sucker target was Prarie’s herloom. Hernius Rorch the III- the previous previous Don. Dude had hooked up the hood with extracurricular money by running his fingers through the hair of pretty much most of the upstanding citizens council- those last standing after the second-to-last terraform that is... Hernius Rorch was a practical man but he wasn’t really all that practical cuz he practically brought down the whole empire when he exacted revenge on Rilke- (Who, although he was Bigelow’s granddad, had nothing whatsoever to do with the rest of this tale so don’t worry your little head). You see- much like Prarie and much unlike Bigelow, Hernius seemed to eventually exact revenge on every god damn party who came to the table. Rilke was just the most beloved at the time.
Things get turned upside down every so often. When your standing on the top you can have your head submerged in the shit fast and vice versa. When your standing in the middle you pretty much keep company with the same, fare the same, you stay aaight I guess. Well this was Bigelow’s vantage when Pappa popped Alvaro that fateful day. It was pure mayhem after Prarie found out hearsay from Leo. (Harmonies’ uncle Leo- yeah. That piece of shit.) This kid Pretzel, Leo’s Preacher Arimis’ usher, came up on Alvaro’s remains right where they dropped. And like manna from heaven the hood ate this news up and spit it out in the form of Leo’s bugleboy ass.
Preety soon, with things already being so overheated, wintertime came and froze off all of the edges of the operation. The seasons, as they change, need trappings to show themselves in. So you know the difference. That’s one of the reasons D.C. was corpulent in this shit: Things stayed fresh.
Enough of that natural selection bullshit, the point is back then, the thug army responded to powershifts. Things worked clockwork and high stakes as they should. All that’s happening right now is time is passing.
The NNO- new normal order- may have brought the law but were bored as fuck in this town. We need a new golem to split the atom. Some kind of explosive magic spread through the street at furious velocity. Untill then like standing water we wait. It Drives a man to do things like driving over to his best friends house and braking in and taking a piss all over the hallway rug.
Dixie Christian was the bitch who took pause whenever right after he offed someone to give them their last rights. If he did it in the presence of a man of the collar or even a deacon he would make them do it under duress.
Mr. Ashen fingers owned and regularly stalked the part of town around the rotted out niketown, like by the old highscale riverwalk. You could almost see the rich ghosts walking their dogs. He quite a few up-to-no-good establishments but none knew about each other’s configuration in his scheme so they warred within. I don’t know why but he liked it that way.
Jixie and Dixie were best friends, lovers and partners when they started out out of east boston. The jew who perjured for jixie was Meineke. Meineke took pains over dixies items that needed burning or burying. Jixie knowing he was so meticulous.Bigelow’s sin was he never let on that the thousand or so losers in his army were never trained. So he always had to fix countless breakdowns of the engine with other losers and fill the gaps. It took more fuel than the city’s wells ever had.
So blood leveled things like it always does.
There was a standard among samurai and penitent men alike that would never be true to these armored men. The NNO was staffed and mobilized by bigelow after the winter ‘72 he returned with lessons from all seven seas. It was easy because now his words were so sharp. He murdered in sermons and songs. The power of these multiplied, propagating through waves of gossip. All the things they said he could do and could have done.
“Bring me people as evil and porcelain fragile.” “Bring me their bodies to Frankenstein.” “After the rain there is fungus. I am the rain. ”
So as the porch boys and their old daddies were simmering out here that year the violence actually ended.
However,
The reunion of epic enemies arrives once every equinox. The uprisings ending only with the start of new ones. Fresh faces in the martyrs wake. New names we forget soon. Except for The Diamond.
The Diamond was a man but he was a rock. Ask his followers about the explosions he stood through. Keeping his eyes open through the smoke, he could see many things we couldn’t. The Diamond was cut from his years in a group foster home but people used to spread crazy shit about him. He was an underground bounty hunter. He was blind up until the age of 34. The story most crazy: He was mole for the Germans. The whole time acting out of the jurisdiction of the Vatican. Getting messages over the wire from some secret faction that held meetings down in the catacombs.
The Enemy had his name legally changed from Frederico Ameche. (to “The Enemy”) What a fucking weirdo. He used to Drive a forklift around town that he had somehow stenciled to look like an evil yellow elephant. It looked totally ghetto but you try standing your ground when enormous steel tusks slowly grind closer. He wasn’t as ugly as the rest of these insane street angels and not nearly as insane so there was always one or two laughing women around when he made his moves out in the open.
The Enemy fought the Diamond in an abandoned business park outside of Atlanta. There were silos overlooking the field from the north and south and each imagined he was being watched by sentinels. The ground was scarred. Scored bare by from some long-ago blast. There used to be a tanning factory here................. (... more later)

Friday, August 01, 2008

Every day is a deciduous tree
a slug is a peace beast
a bat is a crash course
form fitting like drivers ed
damn American apples hippies and seeping sugar from the stitches of flour bags

sugar god couldn't wallow in it what he would have
could he?
Every year is another sun

Tuesday, July 15, 2008

Trust intent
Intended that the invade the trust principal for the comfort, maintenance and support of the widow
Power of beneficiary to enjoin trustee for waste of assets
Bonds 25% of trust corpus
Land 25% of trust corpus- testator intended the land be sold “as soon as possible” fair market value
Stock in team- 50% of trust corpus “retained by trustee”

A testamentary trust is a trust created by a testator where the trust res is transferred to the trustee at Testators death. A trust is created when the settler evidences a present intent to create a trust, here that was expressed by testamentor in his will
For a trust to exist there must be a settlor giving a trust property to a trustee for the benefit of a beneficiary. The trustee has legal title of the trust res and the Beneficiary holds equitable title. The trustee is a fiduciary of the beneficiary.
This is a Private testamentary trust- it was the settlers intention that the trust res be retained and used for the benefit of one ascertainable party. The widow is the ascertainable beneficiary and the her children are the remaindermen

The bonds and the common stock are income generating

Has trustee breached an express term?
Has trustee breached an implied duty?

Is there friction and hostility between the trustee and the beneficiary?

The trustee has a duty to strike a fair balance between all classes of beneficiaries- a fair balance between the “income beneficiary” and the remaindermen who are entitled to the corpus at termination of the trust.
the remaindermen want higher retention of value while the widow wants current yield of profits to come to her-

The trustee can properly exercise only such powers as are expressly or impliedly conferred on her.- (impliedly being those that are appropriate to achieve the proper investment, management and distribution of the trust property and that are not forbidden by the terms of the trust)

Trustees have imperative powers and discretionary powers
Imperative powers are those which are expressed in the trust as a particular act or duty
Discretionary powers are those conferred on the trustee to exercise in good faith discretion in administering the trust
Here LMB had the imperitive or manditary power to sell the land as soon as possible
Land 25% of trust corpus- testator intended the land be sold “as soon as possible” fair market value
As such LNB has breached its mandatory power under the trust and can be compelled by widow to sell the property and (get FMV at a reasonable time after testators death?)

Prudent Trustee Rule- Uniform Prudent Investor act requires that the decisions of the trustee “in her discretion” satisfy the Prudent Trustee Standard- she must invest as a prudent investor would- and exercise reasonable care, skill, and caution in making investment decisions-
Here- the trustee is a bank- and as such is held to have special skills and held to a higher standard as banks are in the business of investment decisions- as such lNB is held to a higher standard of prudent investing-
Investment is measured by the “overall return”


Stock in team- 50% of trust corpus “retained by trustee”
Trustee has sold more than 5000 shares- reducing the trust corpus percentage to 25%
Income in trust assets goes back to trust- here the dividends 10% dividend is part of the value of the stock
Further the value of the stock involves both the inherent fair market value and the ownership value that the beneficiary has in the Semitor corporation- Trustee has now reduced this amount to a 1/6th interest in the corporation- a siginificant decline in ownership and corresponding control of the corporation.

Widows remedies
If the trustee comits or is about to commit a breach of his trust duties the court can enforce several remedies including
Specific performance of the trustees duties, an injunction against the trustee from committing further breaches, compelling the trustee to pay $ or restore property and suspending the trustee.
Here the court could order specific performance of the land sale term and
Enjoin the sale of the stock-
Compel the trustee to return the value of the common stock back into the trust res amounting to 25% including any funds gained by the sale- (did this amount go back into the trust?)

Effect of her writing to trustee- to sell the land
To retain the stock

Removal of trustee
A court may remove a trustee on request of the settler upon certain grounds
commission of a serious breach of trust,Lack of cooperation among trustees that substantially impairs trust administration,Unfitness, unwillingness or persistant failure to administer the trust or
Substantial change in circumstances so that removal is in the best interests of all beneficiaries.
Here, widow will argue that Last N B has committed a serious breach of trust in the

Allocation of receipts and expenses between principal and income?

The term that the trustee is in “sole discretion” to invade the principal for the support of the widow.
In florida law the effect of tying the trustee’s discretion to this standard is that the widow can compel the trustee to make a distribution from the corpus that is necessary for her support

Trustee has a duty to keep the property productive-
If the land declines in value from the construction of a shopping mall next door the trustee has violated his duty of trust.

Saturday, June 14, 2008

Have you ever heard the saying
"Every day above ground is a good day"?
I think the coal miners daughter (from all those country songs) made that up to piss off her dad.