Definition of 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 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.
That's the definition of Election, estoppel by in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.
