 | Georgia. Supreme Court - 1849 - 680 str.
...charge. It is thus stated by Jarmun on Wdh, "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 any right inconsistent with it. If, therefore, a testator has affected to dispose of property not his... | |
 | George Spence - 1850 - 930 str.
...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 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... | |
 | 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 str.
...Equity, which may be expressed in these terms : One who accepts a benefit under a deed or will must adopt the whole contents of the instrument, conforming to...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 str.
...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...provisions and renouncing every right inconsistent with it. 1 Jarman on Wills 385. Van Duyne v. Van Duyne. R. 503 ; Remington v. Kirwan, 2 Sch. $ Lef. 449 ; 2... | |
 | Massachusetts. Supreme Judicial Court - 1865 - 642 str.
...Jarman. It is there said, " that he who accepts a benefit under an instrument must accept the whole, conforming to all its provisions and renouncing every right inconsistent with it." But he immediately explains his meaning. " If therefore (says Mr. Jarman) a testator has affected to... | |
 | 1866 - 606 str.
...definition ; it is this, that *2¿ 225 « party who accepts benefits under a will or deed must adopt the whole contents of the instrument, conforming to...provisions and renouncing every right inconsistent with it, as if a testator disposes of property not his own, and has given a benefit to the person to whom thai... | |
 | Marcus Tullius Hun - 1874 - 856 str.
...called the doctrine of election, by which, 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 all rights inconsistent with it. And, if a testator has affected to dispose of property, not his own,... | |
 | Joseph Story - 1877 - 908 str.
...is an implied condition that he, who accepts a benefit under the instrument, shall adopt the whole, conforming to all its provisions, and renouncing every right inconsistent with it.* 1 See citations of note 2, § 1076. [The « 1 Powell on Devises, by Jannan,4?A bringing a suit which... | |
 | Nathaniel Cleveland Moak - 1877 - 916 str.
...an implied condition that he who accepts a benefit under an instrument must adopt the whole of it, conforming to all its provisions and renouncing every right inconsistent with it. It seemed to be considered in argument that the rule of the Scotch law that a person cannot approbate... | |
 | Ceylon. Supreme Court - 1878 - 488 str.
...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... | |
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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 inconsistent with it. 
