Definition of Equitable Election
Under this doctrine, a person cannot accept benefits accruing to him by a will and at the same time refuse to recognize validity of will in other respects, but doctrine may not be applied to prejudice of third parties. Luttrell v. Luttrell, 4 Ohio App.2d 305, 212 N.E.2d 641, 642. The choice to be made by a person who may, under a will or other instrument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U.S. 670, 10 S.Ct. 354, 33 L.Ed. 696. The obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is clear intention of the person from whom he derives one that he should not enjoy both. Dakan v. Dakan, 125 Tex. 305, 83 S.W.2d 620, 624. A choice shown by an overt act between two inconsistent rights, either of which may be asserted at the will of the chooser alone. Bierce v. Hutchins, 205 U.S. 346, 27 S.Ct. 524, 51 L.Ed. 828. See also Election (Law of wills).
That's the definition of Equitable Election in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.
