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" ... the subject of his will, mixes in his disposition property that belongs to another person, or property as to Which another person has a right, to defeat his disposition, giving to that person an interest by his will ; that person shall not be permitted... "
Reports of Cases Determined in the Several Courts of Westminster-Hall, from ... - Page 379
by Sir William Blackstone - 1828 - 1385 pages
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A Treatise on the Principles and Practice of the High Court of ..., Volume 2

Henry Maddock - 1817 - 440 pages
...against Showell, (//) Streatfield v. Streatfield, For. Ambl. 727. 176. ; and see Blake v. Bnnbury, 1 Ves. disposition, giving to that 'person an interest by his will, that person will not be permitted to defeat the disposition, where it is in his power, and yet take under the will.(c)...
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A Digest of the Laws of England Respecting Real Property, Volume 6

William Cruise - 1818 - 624 pages
...his disposition property that belongs to another person, or property as to which another person has a right to defeat his disposition, giving to that...condition that he shall not take both; and the consequence follows, that there must be'an election : for though the mistake of the testator cannot affect the...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 4

Great Britain. Court of Common Pleas, John Bayly Moore - 1822 - 670 pages
...his disposition, property that belongs to another person, or property, as to which another person has a right to defeat his disposition, giving to that...condition, that he shall not take both, and the consequence follows, that there must be an election ; for though the mistake of a testator cannot affect the property...
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A Digest of the Laws of England Respecting Real Property, Volume 6

William Cruise - 1824 - 732 pages
...his disposition property that belongs to another person, or property as to Which another person has a right, to defeat his disposition, giving to that...implied condition that he shall not take both ; and the-consequcnce follows, that there must be an election : for though the mistake of the testator cannot...
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Reports of Cases Argued and Determined in the High ..., Volume 13; Volume 25

Great Britain. Court of Chancery - 1827 - 644 pages
...his disposition property, that belongs to another person, or prpperty, as to which another person has a right to defeat his disposition, giving to that...implied condition, that he shall not take • both; though from mistake. both ; and the consequence follows, that there mast be 1806. an election ; for...
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A Concise Treatise on the Law of Copyhold Property: With Reference to the ...

Henry Stalman - 1827 - 454 pages
...his disposition property that belongs to another person, or property as to which another person has a right to defeat his disposition, giving to that...it is in his power, and yet take under the will.") But other dicta are to be met with whence it may be in- Dicta inferred, that in case a person elect...
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Reports of Cases Argued and Determined in the High ..., Volume 19; Volume 25

Great Britain. Court of Chancery - 1827 - 688 pages
...giving full effect to that instrument, as far as he can; and therefore, having an interest under a Will, shall not be permitted to defeat the disposition,...is in his power, and yet take under the Will; the principle of election being plain and intelligible, that, if a person, being about to dispose of his...
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A Treatise on the Principles and Practice of the High Court of ..., Volume 2

Henry Maddock - 1827 - 520 pages
...to be his, and gives to the person whose Property it is, an Interest by his will, that Person will not be permitted to defeat the disposition where it -is in his power, and yet take under the will (/) ; and the same Rule applies though the Testator knew he had no right to dispose of the Lands, and...
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The Lives of the Lord Chancellors and Keepers of the Great Seal of ..., Volume 6

John Campbell Baron Campbell - 1847 - 744 pages
...his disposition property that belongs to another person, or property as to which another person has a right to defeat his disposition, giving to that...shall not be permitted to defeat the disposition, and yet take under the will. The reason is, the implied condition that he shall not take both, and...
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The Law Lexicon, Or Dictionary of Jurisprudence: Explaining All the ...

John Jane Smith Wharton - 1848 - 726 pages
...to be his, and gives to the person whose property it is, an interest by bis will, that person will not be permitted to defeat the disposition, where it is in his power, and yet take under the will ; and the same rule applies, though the testator knew he had no right to dispose of the lands, and...
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