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" approbate' and 'reprobate' and in our courts more commonly the doctrine of 'election,' where a deed or will professes to make a general disposition of property for the benefit of a person named in it, such person cannot accept a benefit under the instrument... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Σελίδα 230
των Nathaniel Cleveland Moak - 1877
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The Equitable Jurisdiction of the Court of Chancery: Comprising Its ..., Τόμος 2

George Spence - 1850 - 930 σελίδες
...rests, is, that he who accepts a benefit under a deed or will is bound to confirm the whole instrument, conforming to all its provisions and renouncing every right inconsistent with them : no one is allowed to frustrate an instrument under which he claims (6). The general rule, said Sir...

Reports of Important Cases Heard and Determined by the Supreme Court of ...

Ceylon. Supreme Court - 1878 - 488 σελίδες
...that he who accepts a benefit under a deed or will is bound to confirm and adopt the whole instrument, conforming to all its provisions, and renouncing every right inconsistent with them ; that no one is allowed to frustrate an instrument under which he claims. Spence's Equitable Juris,...

A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 σελίδες
...will professes to make a general disposition of property for the benefit of a person named in it, such person cannot accept a benefit under the instrument,...and renouncing every right inconsistent with them " (q). Lastly, where a witness in a court of justice makes contradictory statements relative to the...

The Pacific Reporter, Τόμος 49

1897 - 1158 σελίδες
...who accepts a benefit under a deed, a will, or other instrument, must confirm the whole instrument, conforming to all its provisions, and renouncing every right inconsistent with them." The appellant and her grantor considered it necessary that this dam should be constructed for the purpose...

The Northeastern Reporter, Τόμος 123

1919 - 924 σελίδες
...will professes to make a general disposition of property for the benefit of a person named in it, such person cannot accept a benefit under the instrument...renouncing every right inconsistent with them." "The general rule is that a person cannot accept and reject the same instrument and this is the foundation...

Commentaries on the Law of Estoppel and Res Judicata, Τόμος 2

Henry Morrison Herman - 1886 - 952 σελίδες
...who accepts a benefit under a deed, a will or other instrument, must confirm the whole instrument, conforming to all its provisions and renouncing every right inconsistent with them. ' The doctrine of election is founded on the same reasons and governed by the same rules when applied to...

Ruling Cases Arranged, Annotated and Edited, Τόμος 10

Robert Campbell, Irving Browne - 1896 - 932 σελίδες
...will professes to make a general disposition of property for the benefit of a person named in it, such person cannot accept a benefit under the instrument...and renouncing every right inconsistent with them. " So that this doctrine does not depend on the power of a married woman to alienate or not property,...

The Law of Domestic Relations: Including Husband and Wife: Parent and Child ...

William Pinder Eversley - 1896 - 1172 σελίδες
...Where a person takes a benefit under an instrument, he or she can accept the benefit under it, but not without at the same time conforming to all its provisions...and renouncing every right inconsistent with them ; in other words, such person cannot approbate 1 Athtan v. M'Dougal, $ Bear. 56. * Mcrruweather v....

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 23

Nevada. Supreme Court - 1898 - 568 σελίδες
...who accepts a benefit under a deed, a will, or other instrument, must confirm the whole instrument, conforming to all its provisions, and renouncing every right inconsistent with them." The appellant and her grantor considered it necessary that this dam should be constructed for the purpose...

The English Reports: Chancery (including collateral reports) (1557 ..., Τόμος 36

1904 - 1108 σελίδες
...this Court, that he who accepts a benefit under a deed or will, must confirm the whole instrument, conforming to all its provisions, and renouncing every right inconsistent with them. Noys v. Mardaunt (2 Vern. 581). C'owper v. Scott (3 PW 119). S treat field v. SlreatfieU (Oa. Temp....




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