Patterson Estate

— The application of the doctrine of equitable election to the facts of this case is unique.

It is commonly applied between beneficiaries who claim under the same instrument. Where a testator gives a legacy to A, and by the same will gives A’s property to B, B may put A to an election. A may not claim the legacy and also retain his property: Stump v. Findlay, 2 Rawle 168; Cooley v. Houston, 229 Pa. 495; 1 Jarman on Wills (7th Ed.) 510.

In the instant case the doctrine is invoked by a stranger to the will, a trustee under a deed of trust made by testator in his lifetime. The trustee permitted…