 If, therefore, a testator has affected to dispose of property which is not his own, and has given a benefit to the person to whom that property belongs, the devisee or legatee accepting the benefit so given to him must make good the testator's attempted...  Ohio Circuit Court Reports: New Series - Page 275by Ohio. Circuit Court - 1904Full view - About this book
 | Thomas Jarman - Wills - 1844 - 936 pages
...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...attempted disposition; but if, on the contrary, he choose to enforce his proprietary rights against the testator's disposition, equity will sequester... | |
 | Georgia. Supreme Court - Equity - 1849 - 680 pages
...or the evidence does not support it, Equity will not enforce it. Ib. 17. If a testator has affected to dispose of property which is not his own, and has given a benefit to a person, to whom that property belongs, the devisee, or legatee, accepting the benefit so given to... | |
 | 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 - Law reports, digests, etc - 1864 - 674 pages
...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 to the person to whom that property belongs, the legatee or devisee accepting the benefit so given to him, must make good the testator's attempted disposition... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1865 - 642 pages
...it." But he immediately explains his meaning. " If therefore (says Mr. Jarman) a testator has affected to dispose of property which is not his own, and has...whom that property belongs, the devisee or legatee taking the benefit so given to him, must make good the attempted disposition." It will be seen at once,... | |
 | Law - 1866 - 606 pages
...its 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 property belongs, the devisee or legatee accepting the benefit so given to him must make good... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1884 - 792 pages
...doctrine of election, as stated by an approved text writer, requires, that if a testator has affected to dispose of property which is not his own, and has...testator's disposition, equity will sequester the property Hibbs r. Insurance Co. given to him, for the purpose of making satisfaction out of it to the person... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1874 - 856 pages
...renouncing all rights inconsistent with it. And, if a testator has affected to dispose of property, not his own, and has given a benefit to the person to whom that property belongs, the legatee or devisee, accepting the benefit so given to him, iiuist make good the testator's attempted... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1879 - 936 pages
...testator has affected to VOL. xxx — 12 1878. dispose of property which is not his own, and has Term! given a benefit to the person to whom that property...belongs, the devisee or legatee accepting the benefit so Gregory given to him must make good the testator's attempted v s' disposition ; but if, on the contrary,... | |
 | Thomas Jarman - Wills - 1880 - 980 pages
...dispose of property which is not his own, and lias given a benefit to the person to whom that properfy belongs, the devisee or legatee accepting the benefit so given to him he should not enjoy both. "A valid gift, in terms absolute, is qualified by reference to a distinct... | |
 | John Norton Pomeroy - Equitable remedies - 1881 - 740 pages
...renouncing every right inconsistent with it; for example, if a testator has affected to disposo of property not his own, and has given a benefit to the person to whom that property belongs, the legatee or devisee accepting the benefit so given to him, must make good tho testator's attempted disposition;"... | |
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