... It is held to be a principle in law that one cannot approbate and reprobate the same deed. The same principle holds, even although there should be two deeds, if they are parles ejusdem...estate. That the pursuer could not both approbate and reprobate,—and having reprobated his uncle’s assignation of the tack, by his reduction, on the head of death-bed, he could not now claim the legacy...heritage and having prevailed, —and having afterwards insisted for his legacy, “The Lord Justice-Clerk Ordinary, found, (21st July 1775) that the two deeds made one settlement of the defunct’s whole...

...themselves in these lands that remained yet in his hæreditas jacens. This was opposed by the heir of tailzie, for whom it was pleaded, That they could not approbate and reprobate their father's will..., and absolutely without any condition; and the accepting thereof cannot cut them out of any other right, competent to them; That one cannot approbate and reprobate the same individual deed, which would...; if they accepted their bonds of provision they could not quarrel the tailzie; and if they quarrelled the tailzie, that they must renounce their provisions. Answered, The bonds are conceived simply...

...could not approbate and reprobate the same deed; and, therefore, if he founded on the revoking clause in the deed 1746, he could not quarrel the disposition therein made of Whitburn to the defender.... “And as to the point that the pursuer could not approbate and reprobate, it did not apply, unless the pursuer were to take by the deed containing the clause which he reprobates, whereas he...prejudged, and that he was not prejudged, so far as it was the same with the deed 1741, for so far he would have been excluded by the deed 1741, had the deed 1746 not been made. “2do, That he...

....)Subject_Succession — Election — Approbate and Reprobate — Invalid Appointment in Settlement Containing Provisions to Objects of Power — Challenge of Exercise of Power.... “The doctrine of approbate and reprobate in Scotland and the doctrine of election in England are the very same thing under different names. They depend upon a principle which in its comprehensi...— whether the doctrine styled in English Courts of law the doctrine of election, is identical with the doctrine styled in the Scotch courts of law the doctrine of “approbate and reprobate,” or whether...

..., Subject_Conquest — Approbate and Reprobate.— In a marriage contract, the husband had conveyed the whole lands and heritages that he might conquest or acquire...conquest after her death, that she could not approbate and reprobate the same deed by accepting the 100 merks, and also claiming the conquest; and that the house purchased during the marriage was not...without children, and his wife surviving him, then in that case disponing to her 100 merks, in full of all she, or her next of kin could claim: Held, in an action by her next of kin, for one half of the...

..., Subject_Adjudication — Heritable or Moveable — Approbate and Reprobate — Foreign Will — Homologation. — A party domiciled in England, executed a will in the...the statute 1681, yet, in respect Thomas Martin, the pursuer, has taken benefit under the said will, finds that he is not entitled to approbate and reprobate the same deed, but that he is bound to...property, the appellant cannot take benefit from and under that will, and at sametime claim the Scottish heritage, because that would be to approbate and reprobate the same deed. He has already made his...

...to give in an account accordingly, and to produce the vouchers thereof.’The Trustees reclaimed to the Court, pleading, That this was a case of approbate and reprobate, and that Mrs Wightman, after...argument founded upon the law of Scotland, and adhered to the interlocutor of the Lord Ordinary*. The Trustees reclaimed to the Court, pleading, That this was a case of approbate and reprobate, and...question have been sold, and the proceeds are in the hands of the defenders, the trustees under the will, finds, That they, the said defenders, must account for the same to the pursuer; and ordains them...

...margined with his own hand,— “Act in favours of James Ramsay;” and he cannot both approbate and reprobate the same act. And the clerks of session, though the register die or be changed, yet the successor...1695, the principal clerk's own admission bears Ramsay's right in eodem con-textu and corpore juris, and is margined with his own hand,— “Act in favours of James Ramsay;” and he cannot both approbate...and reprobate the same act. And the clerks of session, though the register die or be changed, yet the successor never quarrels their gifts they had during life; and if there be any defect in Mr...

...approbate and reprobate applied to prevent the heir from taking both the legacies and the heritage. animus revertendi. HeldHeadnote: Remit to English...by the doctrine of approbate and reprobate. “For the defenders, on the other hand, while it was admitted that the domicile at death was Scotch, it was contended that it was foreign at the date of the...domicile at the time of his death, the Lord Ordinary thinks that this is a clear case for the application of the principle of approbate and reprobate in bar of the claim of the defenders. The validity of...

..., but in obedience to a charge; and though they be all contained in unico contextu, so that he cannot both approbate and reprobate the same writ, yet homologations are never inferred where they can be...mortification, but in obedience to a charge; and though they be all contained in unico contextu, so that he cannot both approbate and reprobate the same writ, yet homologations are never inferred where they can...also left heritable chamberlain and collector of the rents, and the haill customs and casualties of the lands appropriate to himself; and what he paid was nowise in prosecution of the mortification...

.... 15444.]No. 47House of Lords, Subject_Deed. — Is a Deed Defective in Solemnities Good as an Obligation to Convey? — Revocation. — Approbate and Reprobate. —Wa...to approbate and reprobate any part of the said will; and that Melville having taken up the personal estate to the amount of £10,000, finds, That he was thereby bound to ratify the said deed of entail...Melville and his father having, upon their succession, taken benefit from all the deeds, were not at liberty to approbate and reprobate; and that the subsequent heirs must be equally bound; therefore...

...therefore had no right on the head of death-bed to quarrel it, and the heir could not approbate and reprobate it; and therefore if a disposition were made in liege poustie to a stranger, reserving power to... of Livingston, with the burden of debts (other than the said L.1000 sterling) and the destination of succession contained in it, Sir David was not prejudged by the death-bed deed, and...

...the provisions conferred upon them by the codicil and deed of directions, were barred by the doctrine of approbate and reprobate from maintaining that any of the provisions given under these deeds...approbate and reprobate—Bell's Prin., sec. 1939. (2) The Infirmary had possession of money belonging to the pursuers, and must repay it. The pursuers were entitled to sue the Infirmary directly...the codicil and deed of directions, were barred by the doctrine of approbate and reprobate from maintaining that any of the provisions given under these deeds should be refused effect. (2) As the...

...quae ex falso instrumento conficta est, aliis capitulis jirmis manentibus. Duplied,—He cannot approbate and reprobate the same writ: he must either accept it in totum, or repudiate it...done without ranversing the transaction, is evident from l. 19 and 42, C. de Transact, where it is said, Si, de pluribus causis et capitulis, transaetiones initce sunt, illa tantum pars retract etur...

...prove anything. But it is also the case that the defence cannot adopt entirely inconsistent positions, you cannot approbate and reprobate, and in circumstances where the defence chooses not to explore...-examination and to say “why didn’t you complain in all that period?” The Court, of course, accepts Mr. Gillane’s point for the appellant that there is no obligation on the accused to...

...be permitted to take both. In Scotland, the law of approbate and reprobate applies: in England, that of election. Both go to this, that the person may make his election, and take one, viz. either..._________________ there being no doubt that his father did not intend that he should have that subject and a share of all the others, the law of approbate and reprobate applies...Dunlop, p. 241. there being no doubt that his father did not intend that he should have that subject and a share of all the others, the law of approbate and reprobate applies...

...estate and effects, and the doctrine of approbate and reprobate directly applies. The children who defeat the settlement and reprobate it by claiming their legitim cannot at the same time...was first discussed. The Solicitor-General and Mr M'Laren, for James Davidson, the heir-at-law, argued, that the liferents having been forfeited by the application of the principle of approbate and reprobate, and...category of those relied on by the Lord Ordinary. The principle applicable was not the English principle of equitable compensation, but the Scotch doctrine of approbate and reprobate, which might in...

...(Before the Subject_Contract — Insurance — Fire Policy — Repudiation of Liability — Arbitration Clause — Approbate and Reprobate. An insurance...

...irrevocably submit." Approbate and reprobate Facts [5] The pursuer raised an action for payment against...the dispute. In the circumstances of this case, the doctrine of approbate and reprobate was not engaged: these were not acts adopting the contract in a strong and express nature that would be required...approbate and reprobate a party may not both accept and reject a contract (Bell Comm. II II 141). Where there are two inconsistent courses of action, he must choose between them...

.... 14958.)No. 21House of Lords, Subject_Death-Bed — Revocation — Approbate and Reprobate. — A party in 1771 executed a settlement...the deed of 1771, was executed in favour of a stranger, she had no interest, as the deed 1793 could not be said to be in prejudice of the heir; and also, that she could not approbate and reprobate the...ancestor are done by one or by separate writings. It is evident then that the rule in equity of approbate and reprobate does not apply to the circumstances of this case; but only applies...