 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.  The Central Law Journal - Page 2151886Full view - About this book
 | Thomas Jarman - Wills - 1844 - 936 pages
...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 a... | |
 | Georgia. Supreme Court - Equity - 1849 - 680 pages
...that he who accepts a benefit under a deed or will, must adopt tho whole contents of the instrument, conforming to all its provisions, and renouncing every right inconsistent with it. [6.] A Court of Equity will not decree the cancellation of conveyances, where any thing has been received,... | |
 | 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
...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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1865 - 642 pages
...note by Mr. 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... | |
 | Thomas Nesbitt McCarter - Equity - 1865 - 616 pages
...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. 1 Jarman on Wills 385. Van Duyne v. Van Duyne. R. 503 ; Remington v. Kirwan, 2 Sch. $ Lef. 449 ; 2... | |
 | Law - 1866 - 606 pages
...« party who accepts benefits under a will or deed must adopt the whole contents of the instrument, conforming to all 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... | |
 | Joseph Story - Equity - 1877 - 908 pages
...of the will, that there 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 - Law reports, digests, etc - 1877 - 916 pages
...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... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1879 - 936 pages
...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. If, therefore, a testator has affected to VOL. xxx — 12 1878. dispose of property which is not his... | |
 | John Norton Pomeroy - Equitable remedies - 1881 - 740 pages
...follows: "One who accepts a benefit under a deed or will, must adopt tho 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 disposo of property not his own, and has given a benefit... | |
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