II.  l;he  docitritie  of  election  ftHmishes  another  prin-
ciple in  favour  of  the  defective  execution  of  a  power,  al-
though there  is  ne  ttieritorious  consideration  in  the  ap^
pointee.  The  foundation  of  election  U,  that  no  one
shall  claim  under,  and  in  c^positiOA  to  the  same  in-
strument ;  when  a  man  claims  under  a  deed,  he  muit
claim  under  the  whole  deed  together  ;  he  cannot  take
one  clause,  and  desire  the  -court  to  shut  their  eyes
against  the  rest.  There  is  a  tacit  condition  annexed  to
all  provisions  of  this  nature,  that  the  persofi  taking  do
not  •disturb  the  disposition  which  his  b^iefactor  has
made(o).'  ^his  prmciple  applies  even  to  interests  of
persons  under  disabilities,  as  infants  and  married  wo-
men ;  nor  is  it  material  whether  the  interests  are  imme-
diate, remote,  contingent,  of  value,  or  not  of  value  (p)  ;
and  the  rule  applies  as  well  to  copyhold  as  to  freehold
estates  (5).     But  we  must  be  careful  to  distinguish

{9)  Streatficld  v.  Strcatficld,  For.  (9)  Rumbold  v.  RamboW,  Wil-

176.  son  V.  Mottflt,  J  Vest  jun.  85,

(p)  » Vc8.  jun.  A60,  SffS,  697 ;  3  191 ;   Pettiwird  ^  Prcwot,   7

Ve8.jun.3e53Ardcs01fev.Bca*  V0i.jUD.541.
lUst,  2  Dick.  463.
