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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. "
The Central Law Journal - Página 215
1886
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A Treatise on Wills, Volume 1

Thomas Jarman - 1844 - 936 páginas
...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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 5

Georgia. Supreme Court - 1849 - 680 páginas
...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,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 15

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 páginas
...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...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 32

Massachusetts. Supreme Judicial Court - 1865 - 642 páginas
...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...
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Reports of Cases Argued and Determined in the Court of Chancery ..., Volume 1

Thomas Nesbitt McCarter - 1865 - 616 páginas
...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...
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The Irish Jurist, Volume 18

1866 - 606 páginas
...« 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...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 2

Joseph Story - 1877 - 908 páginas
...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...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 14

Nathaniel Cleveland Moak - 1877 - 916 páginas
...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...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Volume 71

Virginia. Supreme Court of Appeals - 1879 - 936 páginas
...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...
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A Treatise on Equity Jurisprudence: As Administered in the United ..., Volume 1

John Norton Pomeroy - 1881 - 740 páginas
...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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