estoppel by election

estoppel by election
An estoppel which arises by a choice between inconsistent remedies.
See election (election of remedies).
An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the effect of the estoppel being to prevent the party so choosing from afterwards reversing his election or disputing the state of affairs or rights of others resulting from his original choice. The doctrine of "estoppel by election" against beneficiary who has elected to take favorable provisions of will from objecting to other provisions of will applies only where will undertakes to bestow a gift and also deprive donee of a prior existing right, thus confronting devisee with alternative of accepting devise and renouncing prior right or of retaining latter and renouncing devise. Mason & Mason v. Brown, Tex.Civ.App., 182 S.W.2d 729, 733

Black's law dictionary. . 1990.

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  • estoppel by election — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • election — elec·tion n 1 a: the act or process of electing b: an instance of the electorate voting for candidates for an elective office c: the fact of being elected 2: the right, power, or privilege of making a choice: as a: the right of a spouse to choose …   Law dictionary

  • election, estoppel by — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • election, estoppel by — An estoppel which arises by a choice between inconsistent remedies. See election (election of remedies). An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the… …   Black's law dictionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • quasi estoppel — A legal bar, analogous to estoppel in pais in some respects, based upon the doctrine of election, the principle which precludes a party from asserting to another s disadvantage, a right inconsistent with a position previously taken by him. 28 Am… …   Ballentine's law dictionary

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  • waiver — The intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession… …   Black's law dictionary

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