# 188 Circumstances in which knowledge or waiver is presumed or inferred

(1) Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the will without doing any act to express dissent.

(2) Such knowledge or. waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done.

Illustration

A bequeaths to B an estate to which C is entitled, and to C a coal-mine. C takes possession of the mine and exhausts it. He has thereby confirmed the bequest of the estate to B.

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CHAPTER--XXII.--Of Election

184

Person deriving benefit indirectly not put to election

185

Person taking in individual capacity under will may In other character elect to take in opposition

186

Exception to provisions of last six sections

187

When acceptance of benefit given by will constitutes election to take under will

189

When testator’s representatives may call upon legatee to elect