Election

Chambers's Encyclopaedia, Volume 4: Dionysius to Friction, p. 252

Election, in Law, sometimes denotes the act of choosing, and sometimes the right of choosing. By the equitable doctrine of election in English law, one who accepts a benefit under an instrument, such as a deed or will, must adopt the whole deed, and conform with all its provisions. He is not entitled to take benefit under part of the deed without conforming to its other parts, and renouncing rights inconsistent with them. He must 'make his election' between the provisions of the deed and those of the common law. The analogous doctrine in the law of Scotland is that of Approbate and Reprobate (q.v.).

Source scan(s): p. 0261