Burch v. Sutton

The doctrine of equitable election is in derogation of the property right of the true owner. Hence, the intention to put a beneficiary to an election must appear plainly from the terms of the will. Lamb v. Lamb, 226 N.C. 662, 40 S.E. 2d 29; Bank v. Misenheimer, 211 N.C. 519, 191 S.E. 14; Rich v. Morisey, 149 N.C. 37, 62 S.E. 762; Walston v. College, 258 N.C. 130, 128 S.E. 2d 134. “An election is required only when the will confronts a beneficiary with a choice between two benefits which are inconsistent with each other.” Honeycutt v. Bank, 242 N.C. 734, 89 S.E. 2d 598. An election is required…