 | George Spence - Equity - 1850 - 930 pages
...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 - Law reports, digests, etc - 1878 - 488 pages
...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 - Legal maxims - 1884 - 1078 pages
...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... | |
 | Law reports, digests, etc - 1897 - 1158 pages
...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... | |
 | Law - 1919 - 924 pages
...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 - Estoppel - 1886 - 952 pages
...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 - Annotations and citations (Law) - 1896 - 932 pages
...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 - Domestic relations - 1896 - 1172 pages
...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 - Law reports, digests, etc - 1898 - 568 pages
...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... | |
 | Law reports, digests, etc - 1904 - 1108 pages
...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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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... 
