| 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... | |
| 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,... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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.... | |
| 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... | |
| 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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