174. When acceptance of benefit given by will constitutes election to
take under will.
Acceptance of a benefit given by a will constitutes an election by the legatee
to take under the will, if he or she has knowledge of his or her right to elect,
and of those circumstances which would influence the judgment of a
reasonable man in making an election, or if he or she waives inquiry into the
circumstances.
175. Presumption arising from enjoyment by legatee for two years.
For the purposes of section 174, 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 or her by the will without doing
any act to express dissent.
176. Confirmation of bequest by act of legatee.
For the purposes of section 174, 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 the act had not been done.
177. When legatee may be called upon to elect.
If a legatee does not, within one year after the death of the testator, signify
to the testator’s representatives his or her intention to confirm or to dissent
from the will, the representatives shall, upon the expiration of that period,
require him or her to make his or her election; and if he or she does not
comply with the requisition within a reasonable time after he or she has
received it, he or she shall be deemed to have elected to confirm the will.
178. Postponement of election in case of disability.
In case of disability, an election shall be postponed until the disability ceases,
or until the election is made by some competent authority.
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