Approbate

Approbate and Reprobate, a technical expression in the law of Scotland, which means that no one can be permitted to accept and reject (approbare and reprobare) the same deed or instrument. Thus, if a settlement purporting to dispose of real and personal property, which it directs to be converted into money and to be divided among the testator's children, should be invalid for the conveyance of the real estate, which, accordingly, becomes the property of the eldest son as his father's heir; then the law does not permit the latter to enjoy such estate, and at the same time to take benefit under the will in other respects (for this would be simultaneously to accept and reject the same instrument). He must elect between the two alternatives, and either avail himself entirely of his rights at law, as heir, or claim his share of the whole estate according to the testator's manifest intention. In such cases the forfeited provision is generally applied in compensation to those legatees whose interests have been affected by the action of the heir; but when such compensation is fully made, there is no reason why the heir should not receive the balance of the provision. It must appear that the testator intended to impose a condition which was within his power, but this need not be stated in so many words. No legatee, however, is bound finally in such a matter unless he knows exactly how his interests are affected. The analogous doctrine in the law of England is called Election (q.v.).