Zephyr

Zephyr (pronounced zef-uhr (U) or zef-er (non-U))

(1) A gentle, mild breeze, considered the most pleasant of winds.

(2) By extension, any of various things of fine, light quality (fabric, yarn etc), most often applied to wool.

(3) In the mythology of Antiquity, the usual (Westernised) spelling of Ζεφυρος (Zéphuros or Zéphyros), the Greek and Roman god of the west wind, son of Eos & Astraeus and brother of Boreas; the Roman name was Zephyrus, Favonius.

(4) As a literary device, the west wind personified which should be used with an initial capital letter.

(5) In the mythology of Antiquity, as Zephyrette, a daughter of Aeolus; a tiny female spirit of the wind. 

(6) A model name used on cars of variable distinction produced by the Ford Motor Company (FoMoCo) and sold under the Ford, Mercury & Lincoln brands.

(7) A type of soft confectionery made by whipping fruit and berry purée (mostly apple purée) with sugar and egg whites, to which is added a gelling agent such as pectin, carrageenan, agar, or gelatine.  Often called zefir, the use was a semantic loan from the Russian зефи́р (zefír). 

Circa 1350: From the Middle English zeferus & zephirus, from the Old English zefferus, from the Latin zephyrus, from the Ancient Greek Ζέφυρος (Zéphuros or Zéphyros) (the west wind), probably from the Greek root zophos (the west, the dark region, darkness, gloom).  The Latin Zephyrus was the source also of zéphire (French), zefiro (Spanish) and zeffiro (Italian).  The feminine form zephyrette (capitalised and not) is rare and the alternative spellings were zephir & zefir, the latter (in the context of food) still current.  The casual use in meteorology dates from circa 1600 and the meaning has shifted from the classical (something warm, mild and occidental) to now be any gentle breeze or waft where the wish is to suggest a wind not strong and certainly not a gust, gale, cyclone, blast, typhoon or tempest.  Zephyr is a noun & verb, zephyred is a verb & adjective, zephyring is a verb and zephyrous, zephyrlike & zephyrean are adjectives; the noun plural is zephyrs.  The adverb zephyrously is non-standard.

Cupid and Psyche (1907) by Edvard Munch (1863–1944).

In Greek mythology, Ζεφυρος (transliterated as Zéphuros or Zéphyros) was the god of the west wind, one of the four seasonal Anemoi (wind-gods), the others being his brothers Notus (god of the south wind), Eurus (god of the east wind) and Boreas (god of the east wind).  The Greek myths offer many variations of the life of Zephyrus, the offspring of Astraeus & Eos in some versions and of Gaia in other stories while there were many wives, depending on the story in which he was featured.  Despite that, he’s also sometimes referred to as the “god of the gay”, based on the famous tale of Zephyrus & Hyakinthos (Hyacinthus or Hyacinth).  Hyacinth was a Spartan youth, an alluring prince renowned for his beauty and athleticism and he caught the eye of both of both Zephyrus and Apollo (the god of sun and light) and the two competed fiercely for the boy’s affections.  It was Apollo whose charms proved more attractive which left Zephyrus devastated and in despair.  One day, Zephyrus chanced upon the sight of Apollo and Hyacinth in a meadow, throwing a discus and, blind with anger, sent a great gust of wind at the happy couple, causing the discus to strike Hyacinth forcefully in the head, inflicting a mortal injury.  Stricken with grief, as Hyacinth lay dying in his arms, Apollo transformed the blood trickling to the soil into the hyacinth (larkspur), flower which would forever bloom in memory of his lost, beautiful boy. Enraged, Apollo sought vengeance but Zephyrus was protected by Eros, the god of love, on what seems the rather technical legal point of the intervention of Zephyrus being an act of love.  There was however a price to be paid for this protection, Zephyrus now pledged to serve Eros for eternity and the indebted god of the west wind soon received his first task.  There are other tales of how Cupid and Psyche came to marry but in this one, with uncharacteristic clumsiness, Cupid accidently shot himself with one of his own arrows of love while gazing upon the nymph Psyche and it was Zephyrus who kidnapped her, delivering his abducted prize to Cupid to be his bride.

Chloris and Zephyr (1875) by William-Adolphe Bouguereau (1825-1905), Musee des Beau-Arts of the Musées Mulhouse Sud Alsace.

Zephyros was in classical art most often depicted as a handsome, winged youth and a large number of surviving Greek vases are painted with unlabeled figures of a winged god embracing a youth and these are usually identified as Zephyros and Hyakinthos although, some historians detecting detail differences list a number of them as being of Eros (the god of Love) with a symbolic youth.  Although sometimes rendered as a winged god clothed in a green robe and crowned with a wreath of flowers, in Greco-Roman mosaics, Zephyros appears usually in the guise of spring personified, carrying a basket of unripened fruit.  In some stories, he is reported to be the husband of Iris, the goddess of the rainbow and Hera’s messenger and in others, Podarge the harpy (also known as Celano) is mentioned as the wife of Zephyrus but in most of the myths he was married to Chloris.  Chloris by most accounts was an Oceanid nymph and in the tradition of Boreas & Orithyia and Cupid and Psyche, Zephyrus made Chloris his wife by abduction, making her the goddess of flowers, for she was the Greek equivalent of Flora and, living with her husband, enjoyed a life of perpetual spring.

Standardized wind: The Beaufort wind force scale

With strategically placed palms, Lindsay Lohan resists a zephyr's efforts to induce a wardrobe malfunction, MTV Movie Awards, Los Angeles, 2008 (left) which may be C&Ced (compared & contrasted) with the stronger breeze (probably 3-4 on the Beaufort Scale) disrupting the modern art installation that is Donald Trump's (b 1946; US president 2017-2021 and since 2025) hair (right).

Beaufort Wind Scale, circa 1865.

The Beaufort wind force scale was devised because the British Admiralty was accumulating much data about prevailing weather conditions at spots around the planet where the Royal Navy sailed and it was noticed there was some variation in way different observers would describe the wind conditions.  In the age of sail, wind strength frequency and direction was critical to commerce and warfare and indeed survival so the navy needed to information to be as accurate an consistent as possible but in the pre-electronic age the data came from human observation, even mechanical devices not usually in use.  What Royal Navy Captain (later Rear Admiral) Sir Francis Beaufort 1774–1857) early in nineteenth century noticed was that a sailor brought up in a blustery place like the Scottish highlands was apt to understate the strength of winds while those from calmer places were more impressed by even a moderate breeze, little more than what a hardy Scots sold salt would call a zephyr.  Accordingly, he developed a scale which was refined until formally adopted by the Admiralty during the 1930s after he’d been appointed Hydrographer of the Navy.  The initial draft reflected the functional purpose, the lowest rating describing the sort of gentle zephyr which was just enough to enable a ship's captain slowly to manoeuvre while the highest was of the gale-force winds which would shred the sails.  As sails gave way to steam, the scale was further refined by referencing the effect of wind upon the sea rather than sails and it was adopted also by those working in shore-based meteorological stations.  In recent years, categories up to 17 have been added to describe the phenomena described variously as hurricanes, typhoons & cyclones.

The National Biscuit Company's Zephyrettes, circa 1915.

In the mythology of Antiquity, Zephyrette was a daughter of Aeolus and a tiny female spirit of the wind.  That the nymph's name was early in the twentieth century appropriated by the National Biscuit Company (1898–1971, Nabisco (1971–1985) & RJR Nabisco (1985–1999) and now a subsidiary of Mondelēz International) to describe a light, crisp cracker, recommended to be used for hors d'oeuvres might outrage feminists studying denotation and connotation in structural linguistics and the more they delve, the greater will be the outrage.  Mostly, the word "zephyr" now is used by novelists and poets because while indicative of the force of a wind, it's not defined and is thus not a formal measure so what's a zephyr in one poem might be something more or less in another.  In other texts, such inconsistencies might be a problem but for the few thousand souls on the planet who still read poetry, it's all part of the charm.

For good & bad: FoMoCo's Zephyrs

Lincoln Zephyr V12, 267 cubic inches (4.4 litre).  It was the last of the American V12s.

In the inter-war era, the finest of the big American cars, the Cadillacs, Lincolns, Packards and Duesenbergs, offered craftsmanship the equal of anything made in Europe and engineering which was often more innovative.  The 1930s however were difficult times and by mid-decade, sales of the big K-Series Lincolns, the KA (385 cubic inch (6.3 litre) V8) and KB (448 cubic inch (6.3 litre) V12) were falling.  Ford responded by designing a smaller, lighter Lincoln range to bridge the gap between the most expensive Ford and the lower-priced K-Series Lincolns, the intention originally to power it with an enlarged version of the familiar Ford V8 but family scion Edsel Ford (1893–1943; president of the Ford Motor Company (FoMoCo), 1919-1943), decided instead to develop a V12, wanting both a point of differentiation and a link to K-Series which had gained for Lincoln a formidable reputation for power and durability.  Develop may however be the wrong word, the new engine really a reconfiguration of the familiar Ford V8, the advantage in that approach being it was cheaper than an entirely new engine, the drawback the compromises and flaws of the existing unit were carries over and in some aspects, due to the larger size and greater internal friction, exaggerated.

Lincoln Zephyr V12, 292 cubic inches (4.8 litre).

The V12 however was not just V8 with four additional pistons, the block cast with a vee-angle of 75^o rather than the eight’s 90^o, a compromise between compactness and the space required for a central intake manifold and the unusual porting arrangement for the exhaust gases.  The ideal configuration for a V12 is 60^o and without staggered throws on the crankshaft, the 75^o angle yielded uneven firing impulses, although, being a relatively slow and low-revving unit, the engine was felt acceptably smooth.  The cylinder banks used the traditional staggered arrangement, permitting the con-rods to ride side-by-side on the crank and retained the Ford V-8’s 3.75 inch (90.7 mm) stroke but used a small bore of just 2.75 inches (69.75 mm), then the smallest of any American car then in production, yielding a displacement of 267 cubic inches (4.4 litres), a lower capacity than many of the straight-eights and V8s then on the market.

Because the exhaust system was routed through the block to four ports on each side of the engine, cooling was from the beginning the problem it had been on the Ford V8 but on a larger scale.  Although the cooling system had an apparently impressive six (US) gallon (22.7 litre) capacity, it quickly became clear this could, under certain conditions, be marginal and the radiator grill was soon extended to increase airflow.  Nor was lubrication initially satisfactory, the original oil pump found to be unable to maintain pressure when wear developed on the curfaces of the many bearings; it was replaced with one that could move an additional gallon (3.79 litre) a minute.  Most problems were resolved during the first year of production and the market responded to the cylinder count, competitive price and styling; after struggling to sell not even 4000 of the big KAs in 1935, Lincoln produced nearly 18,000 Zephyrs in 1936, sales growing to over 25,000 the following year.  Production between 1942-1946 would be interrupted by the war but by the time the last was built in 1948, by which time it had been enlarged to 292 cubic inches (4.8 litre (there was in 1946, briefly, a 306 cubic inch (5.0 litre) version) over 200,000 had been made, making it the most successful of the American V12s.  It was an impressive number, more than matching the 161,583 Jaguar built over a quarter of a century (1971-1997) and only Daimler-Benz has made more, their count including both those used in Mercedes-Benz cars and the the DB-60x inverted V12 aero-engines famous for their wartime service with the Luftwaffe and the Mercedes-Benz T80, built for an assault in 1940 on the LSR (Land Speed Record).  Unfortunately, other assaults staged by the Third Reich (1939-1945) meant the run never happened but the T80 is on permanent exhibition in the factory's museum in Stuttgart so viewers can ponder Herr Professor Ferdinand Porsche's (1875–1951) pre-war slide-rule calculations of a speed of 650 km/h (404 mph) (not the 750 km/h (466 mph) sometimes cited).

1939 Lincoln-Zephyr Three Window Coupe (Model Code H-72, 2500 of which were made out of the Zephyr’s 1939 production count of 21,000).  It was listed as a six-seater but the configuration was untypical of the era, the front seat a bench with split backrests, allowing access to the rear where, unusually, there were two sideways-facing stools.  In conjunction with the sloping roofline, it was less than ideal for adults and although the term “3+2” was never used, that’s probably the best description.  The H-72 Three Window Coupe listed at US$1,320, the cheapest of the six variants in the 1939 Zephyr range.

It may sound strange that in a country still recovering from the Great Depression Ford would introduce a V12 but the famous “Flathead” Ford V8 was released in 1932 when economic conditions were at their worst; people still bought cars.  The V12 was also different in that although a configuration today thought of as exotic or restricted to “top of the line” models, for Lincoln the Zephyr was a lower-priced, mid-size luxury car to bridge a gap in the corporate line-up.  Nor was the V12 a “cost no object” project, the design using the Flathead’s principle elements and while inaccurate at the engineering level to suggest it was the “Ford V8 with four cylinders added” the concept was exactly that and if the schematics are placed side-by-side, the familial relationship is obvious.  Introduced in November 1935 (as a 1936 model), the styling of the Lincoln Zephyr attracted more favourable comment than Chrysler’s Airflows (1934-1937), an earlier venture into advanced aerodynamics (then known as “streamlining”) and the name had been chosen to emphasize the wind-cheating qualities of the modernist look.  With a raked windscreen and integrated fenders, it certainly looked slippery and tests in modern wind tunnels have confirmed it indeed had a lower CD (drag coefficient) than the Airflows which looked something like unfinished prototypes; the public never warmed to the Airflows, however accomplished the engineering was acknowledged to be.  By contrast, the Zephyrs managed to cloak the functional efficiency in sleek lines with pleasing art deco touches; subsequently, New York’s MOMA (Museum of Modern Art) acknowledged it as “the first successfully streamlined car in America”.  So much did the style and small V12 capture the headlines it was hardly remarked upon that with a unitary body, the Zephyr was the first Ford-made passenger vehicle with an all-steel roof, the method of construction delivering the required strength at a lighter weight, something which enabled the use of an engine of relatively modest displacement.

The American Home Front 1941-1942 (2006) by Alistair Cooke (1908-2004),  The cover illustration was of him filling up the Zephyr's V12, Pasadena, California, 1942.

In 1942, just after the US had entered the war (thereby legitimizing the term “World War II” (1939-1945)) the expatriate (the apocope “expat” not in general use until the 1950s when Graham Greene's (1904-1991) novel The Quiet American (1955) appears to have given it a boost) UK-born US journalist Alistair Cooke began a trip taking from Washington DC and back, via Virginia, Florida, Texas, California, Washington state and 26 other states, purchasing for the project a 1936 Lincoln Zephyr V12, his other vital accessories five re-tread tyres (with the Japanese occupation of Malaya, rubber was in short supply and tyres hard to find), a gas (petrol) ration coupon book and credentials from his employer, the BBC (British Broadcasting Corporation).  It was a journalist’s project to “discover” how the onset of war had changed the lives of non-combatant Americans “on the home front” and his observations would provide him a resource for reporting for years to come.  Taking photographs on his travels, he’d always planned to use the material for a book but, as a working journalist during the biggest event in history, it was always something done “on the side” and by the time he’d completed a final draft it was 1945 and with the war nearly over, he abandoned the project, assuming the moment for publication had passed.  It wasn’t until two years after his death that The American Home Front 1941-1942 (2006) was released, the boxed manuscript having been unearthed in the back of a closet, under a pile of his old papers.

Cooke had a journalist’s eye and the text was interesting as a collection of unedited observations of the nation’s culture, written in the language of the time.  In the introduction Cooke stated: “I wanted to see what the war had done to the people, to the towns I might go through, to some jobs and crops, to stretches of landscape I loved and had seen at peace; and to let the significance fall where it might.”  During his journey, he interviewed many of the “ordinary Americans” then traditionally neglected by history (except when dealt with en masse), not avoiding contentious issues such as anti-Semitism and racism but also painted word-pictures of the country through which he was passing, never neglecting to describe the natural environment, most of it unfamiliar to an Englishman who’d spent most of his time in the US in cities on the east and west coasts.  As a footnote, although the Zephyr’s V12 engine has always been notorious for the deficiencies in its cooling system, at no time during the journey did Cooke note the car overheating so either the radiator and plumbing did the job or he thought the occasional boil-over so unremarkable he made no remark. 

1969 Ford (UK) Zephyr Zodiac Mark IV.

Lincoln ceased to use the Zephyr name after 1942, subsequent V12 cars advertised simply as Lincolns, distinguished in name only by the coachwork.  The Zephyr badge was in 1950 revived by Ford of England for their line of mainstream family cars, augmented after 1953 by an up-market version called the Zodiac, noted for its bling.  The first three generations (1950-1966) were well-regarded (the Mark III (1962-1966) in most ways a superior car to the contemporary US Ford Falcon) and enjoyed success in both the home and export markets but the Mark IV (1966-1972), despite a tantalizingly advanced specification and offering a lot of interior space and external metal for the money, proved so ghastly the name was retired when the range was replaced with something (the Mark 1 Granada (1972-1977)) which was on paper less ambitious but was, on the road, much superior.  Not having suffered the tainted Mark IV Zephyrs, Ford felt it safe to recycle the Zephyr name in the US, firstly on the bland Mercury clone (1978-1983) of the (US) Ford Fairmont and finally, for two seasons (2005-2006), on an undistinguished Lincoln which with some haste was re-branded "MKZ".  On either side of the Atlantic, there have been no Zephyrs since and it does seem strange that the "Zodiac" name has never been re-used because it offers at least twelve thematic possibilities for sub-models or "special editions".

 

1962 Ford Galaxie 500/XL Sunliner Convertible 390 (left), 1967 Ford Zodiac Executive (centre) and 1974 Leyland P76 V8 Executive (right). 

The Mark IV Zodiac's wheel covers (the design concept known as "starburst") had first been seen in the US on the 1962 Ford Galaxie and for Detroit's colonial outposts the use of components, years after they'd been discontinued in the US, was common.  In Australia, for the Fairlane and LTD, Ford at various times used the wheel covers introduced on the 1969 & 1970 Thunderbird (replacing the former with something flatter after owners reported vulnerability to damage from curbsides so either Australians were less competent at parking or the guttering designs used by cities was different) and some were still being fitted as late as 1982.  At least that was within the corporate family.  in 1973, Leyland Australia clearly so liked what ended up on the Zodiac they pinched the idea for the ill-fated P76 (1973-1976).  God punishes those who violate his seventh commandment but in fairness to Leyland (even in retrospect they need all the help they can get), the "starburst" motif had long been popular for wheelcovers, hubcaps (there is a difference) and aluminum wheels.

Starburst sea anemone (left), Kelsey-Hayes cast aluminum wheel for 1967 C2 Chevrolet Corvette (centre), the five-stud (option code N89) version unique to the 1967 range, replacing the knock off version (option code P48, 1963-1966) which had to be retired when US regulators passed rules restricting the use of the centre-lock, knock-off hubs.  To conceal the five studs, there was a "centre cap" (ie a hubcap in the classic sense) in the style of the wheel and these colloquially are known as "starbursts" (right).  The Corvette's wheels were manufactured by Western Wheel Corporation (a division of Kelsey-Hayes).

As a noun & verb, “starburst” widely has been used in slang and commerce but its origin is owed to astronomers of the 1830s and in the field it’s been used variously to describe (1) a violent explosion, or the pattern (likened to the shape of a star) supposed to be made by such an explosion and (2) a region of space or period of time (distinct concepts for this purpose) with an untypically or unexpectedly high rate of star formation.  In SF (science fiction), starbursts can be more exotic still and have described machines from light-speed propulsion engines to truly horrid doomsday weapons.  In typography, a starburst is a symbol similar in shape to an asterisk, but with either or both additional or extended rays and it’s used for a brand of fruit-flavored confectionery, the name implying the taste “explodes” in the mouth as one chews or sucks.  In corporate use, starburst is slang for the breaking up of a company (or unit of a company) into a number of distinct operations and in software it was in the early 1980s used as the brand name of an application suite (based around the Wordstar word-processor) which was (along with Electric Office) one of the first “office suites”, the model Microsoft would later adopt for its “Office” product which bundled, Word, Excel, the dreaded PowerPoint and such.  It was the name of a British made-portable surface-to-air missile (MANPADS) produced in the late twentieth century, in botany it’s a tropical flowering plant (Clerodendrum quadriloculare), the term applied also to a species of sea anemone in the family Actiniidae and, in human anatomy, certain cell types (based on their appearance).  In photography, the “starburst effect” refers to the diffraction spikes which radiate from sources of bright light.

 

2006 Lincoln Zephyr.

 

Available only in 2005-2006 before it was “refreshed” and renamed MKZ (2007-2012), the Lincoln Zephyr picked up its styling cues from a concept car displayed at the 2004 New York International Auto Show although with the lines tempered for production-line reality.  In a sign of the times, it replaced the rear wheel drive (RWD), V6 & V8 powered LS sedan (2000-2006, with one model sharing showrooms with the Zephyr for its final year) which had been well-reviewed in press reports but never succeeded as a challenger to the BMW 5-Series and Mercedes-Benz E-Class.  The twenty-first century Zephyr wasn’t a “bad” car in the sense the word is attached to the English Mark IV Zephyr & Zodiac but it was bland and built on the Mazda CD3 front wheel drive (FWD) platform which provided the underpinnings for also the Mazda 6, Ford Fusion and Mercury Milan; despite Lincoln’s efforts, had it not had the badges, most would have assumed the Zephyr was a fancy Ford or a Mercury, so closely did it resemble both.  Struggling to find some point of differentiation, journalists always mentioned the wood trim in the interior was “real timber”, quoting with approval from the document in the press-pack: “Ebony or maple wood inserts”.  Even that wasn't enough to persuade many it was worth some US$30,000, a US$6000-odd premium over the substantially similar Mercury Milan Premier V6.  It did though undercut by US$4000 what a basic V6 LS has cost the year before so the price of entry to Lincoln ownership became less but that also brought the usual marketing conundrum: “Lowering the price increases sales but tarnishes the perception of the brand as a prestige product”.

 

2012 Lincoln MKZ.

There was also the name.  The original Lincoln Zephyr had existed only between 1935-1942 and, except a as niche among collectors, had long ago faded from public consciousness, the same phenomenon which made the choice of “Maybach” by Mercedes-Benz so curious; Toyota’s decision to create “Lexus” was a much better idea and perhaps an indication Japanese MBAs were better informed than German MBAs.  For 2007 the Zephyr was renamed MKX and even that “naming strategy” (now an MBA fixation) may not within the corporation been well-communicated because initial suggestions for pronunciation included “Mark 10” & “Mark X”, picking up on the (actually quite muddled) history of Lincoln's “Mark” cars which, off & on, existed between 1956-1998 (although the label was in 2006-2007 revived for a pick-up truck(!)).  Neither caught on and before long, like everyone else, company executives were saying “em-kay-zee”.  The “Mark” moniker would have been tempting because, as the “Zephyr affair” demonstrated, despite a history stretching back to 1917, the only Lincoln brand names with any traction in the public imagination are “Continental” and “Mark something”.  When MKZ production ended in 2012, the demise wasn’t so much unlamented as unnoticed.

Revoke & Irrevocable

Revoke (pronounced ri-vohk)

(1) To take back or withdraw; annul, cancel, rescind or reverse; rescind or repeal.

(2) To bring or summon back.

(3) In certain card games, to fail to follow suit when possible and required (renege the more common term).

(4) Such an act or instance of revoking.

1300–1350: From the Middle English revoken, from the Latin revocāre (to call again; to call back; withdraw), the construct being re- (in the sense of “again”) + vocāre (to call).  The synonyms (depending on context) are countermand, nullify, recall and retract.  Revoke is a noun & verb, revoker is a noun, revoked & revoking are verbs and revokingly is an adverb; the noun plural is revokers.

Irrevocable (pronounced ih-rev-uh-kuh-buhl (U) or ih-ri-vohk-kuh-buhl (non-U))

Not to be revoked or recalled; unable to be changed, repealed or annulled; unalterable.

1350–1400: From the Middle English, from the Middle French irrévocable from the Latin irrevocābilis (that which cannot be recalled, unalterable), the construct being ir- (the prefix an assimilated form of in- (not, opposite of)) + revocabilis (able to be revoked).  Irrevocable is an adjective, irrevocableness & irrevocability are nouns, and irrevocably is an adverb; the noun plural is irrevocabilities.

The trust, Rupert Murdoch and irrevocably

The trust in its modern form is an invention of English common law.  Although the trustee concept was a part of Roman civil law, its operation essentially was restricted to the a class of ownership of assets held by someone who would now be known as the executor or administrator of the estate of a deceased; the administrator would be the legal owner (though not necessarily the possessor) of the goods but their rights to them was limited to distributing them (or if sold or dissolved, their value) to the beneficiaries named in the deceased testamentary documents (will).  The novel innovation of the English common law was to apply a similar concept to the property of someone living.  During the Crusades (the expeditions by Christian military formations between 1095-1291 attempting to retake the Holy Land (Jerusalem and its environs)), it was the practice for a land-owning Crusader to convey (ie transfer ownership) his property to another so the estate could continue to operate as part of the feudal land system, this done on the basis that upon his return to England, the property would revert to him.  Most such arrangements were honored but some were not and because English law regarded land title as absolute, whomever was the legal “owner” of the land could defend that right against any claim.  A subject’s only recourse was to seek justice by petitioning the king and in most cases the matter would be referred to the chancellor (an office something like a mix of prime-minister & minister of justice) who would decide each case on its merits.  That of course resulted in inconsistencies and led to the development of the Court of Chancery and the emergence of the principles of the law of “equity”, designed both to remove inconsistencies and avoid the injustices sometimes the result of the strict application of the rigid rules of the common law.

Thus the emergence of the trust in which property could be transferred from one to another but with rights of the legal “owner” of the property in the trust restricted by the terms of the trust (typically that the property or its proceeds could be used or applied only to those beneficiaries named); the “legal owner” was thus really the trustee (the administrator).  It was a mechanism which proved useful over the centuries including during the wars of religion when trusts could be created to protect property from confiscation.  The trust is a flexible beast and a variety exist including the “secret trust” (although in most places they’re not as secret as once they were) and although most trusts formally are created an so-named, if an arrangement is found in substance and operation to be “a trust in all nut name”, a court can declare it to be a trust (technically a “constructive trust”).  Trusts are widely used today, mostly tax-minimization platforms because, as a general principle, income gained by a trust is not taxable until paid out to a beneficiary.  That has made trusts of great interest to those advocating tax-reform but because among the most enthusiastic users of trusts are the rich and politicians (society’s most dynamic and influential symbiosis whether in New York, Moscow, Beijing, Islamabad or Pyongyang), not much is likely to change.  A particular flavor of trust is the “irrevocable trust” which, as the name suggests, should be one in which the terms cannot be altered.

Washoe County Courthouse (1910), Reno Nevada.  Built in Classical Revival style, it first gained national attention when the combination of liberal residency requirements and liberal divorce laws created a "divorce boom" which made a significant contribution to the Nevada economy.

In 1999 Rupert Murdoch (b 1931), at the time of his second divorce, created the Murdoch Family Trust (MFT), into which was transferred the shareholdings of a number of companies and the terms of the trust were such that the succession plans for his media empire were settled.  The trust grants the family eight votes, Mr Murdoch controlling four, each of his eldest four children holding one; upon Mr Murdoch’s death, his four would have been distributed equally to them.  The device was created as an “irrevocable trust” as part of the terms of the divorce, the ex-wife waiving the right to a much higher payout in return for the “irrevocable” protection the terms of the trust afforded the four children.  In December 2023, Mr Murdoch filed papers in Reno, Nevada seeing to amend (ie in the technical sense “partially revoke”) the terms of the “irrevocable” MFT to the extent that his oldest son would assume full control over News Corp, the holding company which manages literally hundreds of assets (the best-known of which is now Fox News), excluding the other three siblings.  This was about operational control and did not affect the children’s financial stake in the trust.  The matter (In the Matter of the Doe 1 Trust) was in September 2024 heard before a probate commissioner, in camera, at Washoe County Courthouse, the parties (1) Rupert Murdoch and the eldest son on one side and (2) the three other siblings on the other.

Mr Murdoch had not previously been much associated with the state of Nevada but his legal team chose to file in Nevada because the state has the nation’s most flexible (they like to use the term “progressive”) statutes relating to trust law and it was thus concluded it was there that the highest chance existed for amending an “irrevocable” trust.  The Nevada approach in these matters in interesting in that the state permits “decanting”, a process by which a trustee can transfer assets from one trust into a new trust with different terms, in effect modifying the original trust in that the assets become subject to different rules.  Decant (inter alia “to pour from one vessel into another”) was from the French From French décanter, from the Medieval Latin dēcanthāre, the construct being dē- (of; from) +‎ canthus (beak of a cup or jug).  For administrative simplicity, decanting does not require the approval of a court but can be subject to challenge if it’s alleged a trustee lacks the requisite discretionary authority under the terms of the original trust document.

Wedding day: Rupert Murdoch (b 1931) & model Jerry Hall (b 1956).  The ceremony was conducted at Church of England church of St Bride's, Fleet Street, London, March 2016.  The couple divorced in 2022.

Under Nevada law, despite the name, an “irrevocable trust” is not “irrevocable” in an absolute sense because beneficiaries and trustees can agree to modify the terms of such a trust, even if the trust is irrevocable.  This process (a “non-judicial settlement agreement”) avoids the need for a court hearing, thereby reducing the expense and time required and exemplifies the sort of “flexibility” Nevada’s corporate regulators cite as reasons why the state should be a trustee’s jurisdiction of choice.  However, Nevada does require any modifications be consistent with the trust's purpose and not in violation with its fundamental terms and moreover the usual principles of equity governing trusts apply: there can be no unconscionable conduct.  A Nevada court also can modify or terminate an irrevocable trust if the trust's purpose has become impossible, impracticable, or illegal, or if circumstances not anticipated by the original grantor arise.  In that the remit of equity is wider than in contract law where courts have always been reluctant to “write contracts” although they will correct technical errors and a Nevada court can appoint a “trust protector”, an officer with the authority to amend trust terms, change beneficiaries, or even (under specified conditions) terminate the trust.  This authority can extend to the creation of a “directed trust” (a special class of constructed trust) which allow the grantor or beneficiaries to appoint an entity or individual to oversee specific trust decisions, which can include modifications (all of which are subject to the supervision and ultimately the approval of the court).

The decision of the probate commission in Reno will not have pleased Mr Murdoch.  In a 96 page opinion published on 9 December, the commissioner found Rupert and Lachlan Murdoch (b 1971; the eldest son) had acted in “bad faith” in their attempts to change the terms of the irrevocable MFT, suggesting the pair had organized a “carefully crafted charade” to “permanently cement Lachlan Murdoch’s executive roles” inside the empire “regardless of the impacts such control would have over the companies or the beneficiaries” of the MFT.  He didn’t go as far as one New Zealand judge who once damned evidence brought before him as “an orchestrated litany of lies” but the tone was still severe.

One untypical aspect of the matter is that it wasn’t directly about money; most trust cases involve money, indeed, a financial motivation is at the root of most civil matters.  Mr Murdoch was moved to seek to change the terms of the MFT because he’d concluded Lachlan was the only one of the four children who shared his views on how the editorial position of affected media outlets (most notably Fox News) should be maintained, the other three tending to a more liberal (in US terms) stance.  Interestingly, although that may appear a family’s ideological squabble, the documents which emerged from the discovery process in the matter of Dominion Voting Systems v Fox News (Delaware Superior Court: N21C-03-257; N21C-11-082) which culminated (thus far) in Fox settling the matter by paying Dominion some US$790 million, the alternative being to continue the case and allow more of Fox’s internal documents to enter the public domain) suggested that Mr Murdoch’s decisions about such things are led more by a commercial imperative than any political commitment.  In other words, Fox News should do what it does because it attracted viewers (the product) to deliver to advertisers (the customers); were the Fox News audience suddenly to have a moment of mass-catharsis and become a bunch of seed-eating, basket-weaving hippie vegans, so would shift the Fox News editorial stance.

The usual purpose of an irrevocable trust is to protect the beneficiary (or beneficiaries) from others but they have been recommended for those who might be advantaged by being “protected from themselves”.

So what Mr Murdoch wishes to ensure is that Fox News keeps on doing what it does (and whether one agrees with it or not, few would deny at what it does it’s the best in the world) because that is the path to the highest financial benefits for the MFT.  Lachlan understands and the others don’t so Mr Murdoch is trying to protect the three dissident children from themselves.  Whether defiant or deluded, the dissident triumvirate were pleased with the recommendation: “We welcome the commissioner’s decision and hope that we can move beyond this litigation to focus on strengthening and rebuilding relationships among all family members.”  It’s there’s a Murdoch family Christmas dinner, there might be what a diplomatic communiqué would describe as a “frank and robust exchange of views”.

Wedding day: Rupert Murdoch (b 1931) & molecular biologist Elena Zhukova (b 1956).  The ceremony was conducted at Mogara, Mr Murdoch’s Californian vineyard, June 2024.

The procedure in Nevada is the commissioner’s opinion will now be referred to a district court judge, sitting as a court of probate.  The judge can issue a ruling wholly favourable to one side or the other or in some way structure a decision which gives something to each; there will thus be one appeal or two and that may trigger more so although it’s possible the matter may not be finalized before Mr Murdoch dies (God forbid), he recently celebrated his fifth marriage so appears to remain robust and in rude good health.

Cereal & Serial

Cereal (pronounced seer-ee-uhl)

(1) Any plant of the grass family yielding an edible grain (wheat, rye, oats, rice, corn, maize, sorghum, millet et al).

(2) The grain from those plants.

(3) An edible preparation of these grains, applied especially to packaged, (often process) breakfast foods.

(4) Of or relating to grain or the plants producing it.

(5) A hamlet in Alberta, Canada.

(6) As Ceres International Women's Fraternity, a women's fraternity focused on agriculture, founded on 17 August 1984 at the International Conclave of FarmHouse fraternity.

1590s: From the sixteenth century French céréale (having to do with cereal), from the Latin cereālis (of or pertaining to the Roman goddess Ceres), from the primitive Indo-European ker-es-, from the root ḱer- (to grow”) from which Latin gained also sincerus (source of the English sincere) and crēscō (grow) (source of the English crescent).  The noun use of cereal in the modern sense of (a grass yielding edible grain and cultivated for food) emerged in 1832 and was developed from the adjective (having to do with edible grain), use of which dates from 1818, also from the French céréale (in the sense of the grains).  The familiar modern use (packaged grain-based food intended for breakfast) was a creation of US English in 1899.  If used in reference to the goddess Ceres, an initial capital should be used.  Cereal, cereology & cerealogist are nouns and ceralic is an adjective; the noun plural is cereals.

Lindsay Lohan mixing Pilk.

Cereal is often used as modifier (cereal farming, cereal production, cereal crop, non-cereal, cereal bar, pseudocereal, cereal dust etc) and a cereologist is one who works in the field of cerealogy (the investigation, or practice, of creating crop circles).  The term “cereal killer” is used of one noted for their high consumption of breakfast cereals although some might be tempted to apply it to those posting TikTok videos extolling the virtue of adding “Pilk” (a mix of Pepsi-Cola & Milk) to one’s breakfast cereal.  Pilk entered public consciousness in December 2022 when Pepsi Corporation ran a “Dirty Sodas” promotion for the concoction, featuring Lindsay Lohan.  There is some concern about the high sugar content in packaged cereals (especially those marketed towards children) but for those who want to avoid added sugar, Pepsi Corporation does sell “Pepsi Max Zero Sugar” soda and Pilk can be made using this.  Pepsi Max Zero Sugar contains carbonated water, caramel color, phosphoric acid, aspartame, acesulfame potassium, caffeine, citric acid, potassium benzoate & calcium disodium EDTA.

TikTok, adding Pilk to cereal and the decline of Western civilization.

A glass of Pilk does of course make one think of Lindsay Lohan but every mouthful of one’s breakfast cereal is something of a tribute to a goddess of Antiquity.  In 496 BC, Italy was suffering one of its periodic droughts and one particularly severe and lingering, the Roman fields dusty and parched.  As was the practice, the priests travelled to consult the Sibylline oracle, returning to the republic’s capital to report a new goddess of agriculture had to be adopted and sacrifices needed immediately to be made to her so rain would again fall on the land.  It was Ceres who was chosen and she became the goddess of agriculture and protector of the crops while the caretakers of her temple were the overseers of the grain market (they were something like the wheat futures traders in commodity exchanges like the Chicago Board of Trade (CBOT)).  It was the will of the goddess Ceres which determined whether a harvest was prolific or sparse and to ensure abundance, the Romans ensured the first cuttings of the corn were always sacrificed to her.  It’s from the Latin adjective cereālis (of or pertaining to the Roman goddess Ceres) English gained “cereal”.

For millennia humanity’s most widely cultivated and harvested crop, cereal is a grass cultivated for its edible grain, the best known of which are rice, barley, millet, maize, rye, oats, sorghum & wheat.  Almost all cereals are annual crops (ie yielding one harvest per planting) although some strains of rice can be grown as a perennial and an advantages of cereals is the differential in growth rates and temperature tolerance means harvesting schedules can be spread from mid-spring until late summer.  Except for the more recent hybrids, all cereals are variations of natural varieties and the first known domestication occurred early in the Neolithic period (circa 7000–1700 BC).  Although the trend in cultivated area and specific yield tended over centuries to display a gradual rise, it was the “green revolution” (a combination of new varieties of cereals, chemical fertilizers, pest control, mechanization and precise irrigation which began to impact agriculture at scale in the mid twentieth century) which produced the extraordinary spike in global production.  This, coupled with the development of transport & distribution infrastructure (ports and bulk carriers), made possible the increase in the world population, now expected to reach around 10 billion by mid-century before declining.

Serial (pronounced seer-ee-uhl)

(1) Anything published, broadcast etc, in short installments at regular intervals (a novel appearing in successive issues of a magazine (ie serialized); a radio or TV series etc).

(2) In library & publishing jargon, a publication in any medium issued in successive parts bearing numerical or chronological designation and intended to be continued indefinitely.

(3) A work published in installments or successive parts; pertaining to such publication; pertaining to, arranged in, or consisting of a series.

(4) Occurring in a series rather than simultaneously (used widely, serial marriage; serial murderer, serial adulterer etc).

(5) Effecting or producing a series of similar actions.

(6) In IT, of or relating to the apparent or actual performance of data-processing operations one at a time (in the order of occurrence or transmission); of or relating to the transmission or processing of each part of a whole in sequence, as each bit of a byte or each byte of a computer word.

(7) In grammar, of or relating to a grammatical aspect relating to an action that is habitual and ongoing.

(8) In formal logic and logic mathematics (of a relation) connected, transitive, and asymmetric, thereby imposing an order on all the members of the domain.

(9) In engineering & mass-production (as “serial number”), a unique (to a certain product, model etc) character string (which can be numeric or alpha-numeric) which identifies each individual item in the production run.

(10) In music, of, relating to, or composed in serial technique.

(11) In modern art, a movement of the mid-twentieth century avant-garde in which objects or constituent elements were assembled in a systematic process, in accordance with the principles of modularity.

(12) In UK police jargon, a squad of officers equipped with shields and other protective items, used for crowd and riot control.

1823: From the New Latin word seriālis, from the Classical Latin seriēs (series), the construct being serial + -al on the Latin model which was seriēs + -ālis.  It was cognate to the Italian seriale.  The Latin seriēs was from serere (to join together, bind), ultimately from the primitive Indo-European ser- (to bind, put together, to line up).  The -al suffix was from the Middle English -al, from the Latin adjectival suffix -ālis, ((the third-declension two-termination suffix (neuter -āle) used to form adjectives of relationship from nouns or numerals) or the French, Middle French and Old French –el & -al.  It was use to denote the sense "of or pertaining to", an adjectival suffix appended (most often to nouns) originally most frequently to words of Latin origin, but since used variously and also was used to form nouns, especially of verbal action.  The alternative form in English remains -ual (-all being obsolete).  The –alis suffix was from the primitive Indo-European -li-, which later dissimilated into an early version of –āris and there may be some relationship with hel- (to grow); -ālis (neuter -āle) was the third-declension two-termination suffix and was suffixed to (1) nouns or numerals creating adjectives of relationship and (2) adjectives creating adjectives with an intensified meaning.  The suffix -ālis was added (usually, but not exclusively) to a noun or numeral to form an adjective of relationship to that noun. When suffixed to an existing adjective, the effect was to intensify the adjectival meaning, and often to narrow the semantic field.  If the root word ends in -l or -lis, -āris is generally used instead although because of parallel or subsequent evolutions, both have sometimes been applied (eg līneālis & līneāris).  Serial, serializer , serialization serialism & serialist are nouns, serialing, serialize & serialed are verbs, serializable is an adjective and serially is adverb; the noun plural is serials.

The “serial killer” is a staple of the horror film genre.  Lindsay Lohan’s I Know Who Killed Me (2007) was not well received upon release but it has since picked up a cult following.

The adjective serial (arranged or disposed in a rank or row; forming part of a series; coming in regular succession) seems to have developed much in parallel with the French sérial although the influence of one on the other is uncertain.  The word came widely to be used in English by the mid nineteenth century because the popular author Charles Dickens (1812–1870) published his novels in instalments (serialized); sequentially, chapters would appear over time in periodicals and only once the series was complete would a book appear containing the whole work.  The first use of the noun “serial” to mean “story published in successive numbers of a periodical” was in 1845 and that came from the adjective; it was a clipping of “serial novel”.  By 1914 this had been extended to film distribution and the same idea would become a staple of radio and television production, the most profitable for of which was apparently the “mini-series”, a term first used in 1971 although the concept had been in use for some time.  Serial number (indicating position in a series) was first recorded in 1866, originally of papers, packages and such and it was extended to soldiers in 1918.  Surprisingly perhaps, given the long history of the practice, the term, “serial killer” wasn’t used until 1981 although the notion of “serial events” had been used of seemingly sequential or related murders as early as the 1960s.  On that model, serial became a popular modifier (serial rapist, serial adulterer, serial bride, serial monogamist, serial pest, serial polygamy etc)

For those learning English, the existence of the homophones “cereal” & “serial” must be an annoying quirk of the language.  Because cereals are usually an annual crop, it’s reasonable if some assume the two words are related because wheat, barley and such are handled in a “serial” way, planting and harvesting recurrent annual events.  Doubtless students are told this is not the case but there is a (vague) etymological connection in that the Latin serere meant “to join together, to bind” and it was used also to mean “to sow” so there is a connection in agriculture: sowing seeds in fields.  For serial, the connection is structural (linking elements in a sequence, something demonstrated literally in the use in IT and in a more conceptual way in “serial art”) but despite the differences, both words in a way involve the fundamental act of creating order or connection.

Serial art by Swiss painter Richard Paul Lohse (1902–1988): Konkretion I (Concretion I, 1945-1946), oil on pavatex (a wood fibre board made from compressed industrial waste) (left), Zwei gleiche Themen (Two same topics, 1947), colored pencil on paper (centre) and  Konkretion III (1947), oil on pavatex.

In modern art, “serial art” was a movement of the mid-twentieth century avant-garde in which objects or constituent elements were assembled in a systematic process in accordance with the principles of modularity.  It was a concept the legacy of which was to influence (some prefer “infect”) other artistic schools rather than develop as a distinct paradigm but serial art is still practiced and remains a relevant concept in contemporary art.  The idea was of works based on repetition, sequences or variations of a theme, often following a systematic or conceptual approach; the movement was most active during the mid-twentieth century and a notable theme in Minimalism, Donald Judd (1928-1994), Andy Warhol (1928–1987), Sol LeWitt (1928-2007) (there must have been something “serial” about 1928) and Richard Paul Lohse (1902-1988) all pioneers of the approach.  Because the techniques of the serialists were adopted by many, their style became interpolated into many strains of modern art so to now speak of it as something distinctive is difficult except in a historic context.  The embrace by artists of digital tools, algorithms, and AI (Artificial Intelligence) technologies has probably restored a new sort of “purity” to serial art because generative processes are so suited to create series of images, sculptures or digital works that explore themes like pattern, progression, or variation, the traditional themes of chaos, order and perception represented as before.  In a way, serial art was just waiting for lossless duplication and the NFT (Non-fungible token) and more conservative critics still grumble the whole idea is little different to an architect’s blueprint which documents the structural framework without the “skin” which lends the shape its form.  They claim it's the engineering without the art.

Relics of the pre-USB age; there were also 25 pin serial ports.

In IT hardware, “serial” and “parallel” refer to two different methods of transmitting data between devices or components and the distinction lies in how data bits are sent over a connection.  In serial communication, data was transmitted one bit at a time over as little as single channel or wire which in the early days of the industry was inherently slow although in modern implementations (such as USB (Universal Serial Bus) or PCIe (Peripheral Component Interconnect Express)) high speeds are possible.  Given what was needed in the early days, serial technology was attractive because the reduction in wiring reduced cost and complexity, especially over the (relatively) long distances at which serial excelled and with the use of line-drivers, the distances frequently were extended to hundreds of yards.  The trade-off was of course slower speed but these were simpler times.  In parallel communication, data is transmitted multiple bits at a time, each bit traveling simultaneously over its own dedicated channel and this meant it was much faster than serial transmission.  Because more wires were demanded, the cost and complexity increased, as did the potential for interference and corruption but most parallel transmission was over short distances (25 feet (7½ metres) was “long-distance”) and the emergence of “error correcting” protocols made the mode generally reliable.  For most, it was the default method of connecting a printer and for large file sizes the difference in performance was discernible, the machines able to transmit more data in a single clock cycle due to simultaneous bit transmission.  Except for specialized applications or those dealing with legacy hardware (and in industries like small-scale manufacturing where such dedicated machines can be physically isolated from the dangers of the internet, parallel and serial ports and cables continue to render faithful service) parallel technology is effectively obsolete and serial connections are now almost universally handled by the various flavours of USB.