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 The essentials for the application of the doctrine of election are thus stated in 2 Pomeroy's Equity Jurisprudence, 5th edition, section 462, page 332: 'The essential facts presenting an occasion for the doctrine of election are: A gives to B property belonging to C, and by the same instrument gives to C other property belonging to himself. The equitable doctrine upon these facts, briefly, is: C has two alternatives: 1. He may elect to take under the instrument, and to carry out all its provisions; he will then take A's property, which was given to him, and B will take C's property. 2. He may elect against the instrument. In that case . . . he must surrender . . . so much of such benefits as may be necessary to compensate B for the disappointment he has suffered by C's election to take against the instrument.'


As applied to wills the doctrine was thus stated in Williams v. Williams, 170 Cal. 625, 627-628 [151 P. 10]: 'Where property to which one may have a valid claim . . . is disposed of by will in violation of those rights, while at the same time ...

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