 | Great Britain. Court of Common Pleas, John Bayly Moore - 1822 - 670 σελίδες
...only ineffectual, but absolutely null and void. It is a well known principle in a court of equity, that he who accepts a benefit under a deed or will, must confirm the whole instrument, conformably to all its provisions, and renounce every right inconsistent with them; and here, Sir //.... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1822 - 732 σελίδες
...only ineffectual, but absolutely null and void. It is a well known principle in a court of equity, that he who accepts a benefit under a deed or will, must confirm the whole instrument, conformably to all its provisions, and renounce every right inconsistent with them; and here, Sir HJ... | |
 | Thomas Jarman - 1844 - 936 σελίδες
...That he Doctrine of who accepts a benefit under a deed or will, must adopt the whole contents of the instrument, conforming to all its provisions, and renouncing every right inconsistent with it. If, therefore, a testator has affected to dispose of property which is not his own, and has given... | |
 | Georgia. Supreme Court - 1849 - 680 σελίδες
...given to him, must make good the testator's attempted disposition. For the doctrine of election, is, that he who accepts a benefit under a deed or will, must adopt thfl whole contents of tbe instrument, conforming to all its provisions, and renouncing every... | |
 | George Spence - 1850 - 930 σελίδες
...election, taken in that sense, rests, is, that he who accepts a benefit under a deed or will is bound to confirm the whole instrument, conforming to all its...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... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 674 σελίδες
...in these terms: One who accepts a benefit under a deed or will must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right inconsistent with it. For example, if a testator has affected to dispose of property not his own, and has given a benefit... | |
 | Thomas Nesbitt McCarter - 1865 - 616 σελίδες
...under and against a will. Herbert v. Wren, 7 Cranch 378. The principle, as stated by Mr. Jarman, is, that he who accepts a benefit under a deed or will must adopt the whole contents of the instrument, conforming to all its provisions and renouncing every right... | |
 | Nathaniel Cleveland Moak - 1877 - 916 σελίδες
...named in it, such 862] person cannot accept a benefit under *the instrument without at the same time conforming to all its provisions, and renouncing every right inconsistent with them. The authorities on this branch of the law are very fully referred to in the judgment given in this... | |
 | Ceylon. Supreme Court - 1878 - 488 σελίδες
...of force with us,—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
...person named in it, such person cannot accept a benefit under the instrument, without at the same time conforming to all its provisions, and renouncing every right inconsistent with them " (q). Lastly, where a witness in a court of justice makes contradictory statements relative to the... | |
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Henry amounting to an election to take under it. It is a familiar principle of 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... 
