Wisconsin`s testamentary law expressly states that the doctrine of choice applies regardless of whether the beneficiary owns the property by ownership, surviving dependency, beneficiary determination, or choice. W.S.A. 853.15. The principle of electoral doctrine was explained by the House of Lords in Cooper v. Cooper. In the most recent Indiana election doctrine case, the Indiana Court of Appeals ruled the opposite of Williamson, applying the entire choice doctrine to rental. Citizens Nat`l Bank of Whitley County v Stasell, 408 N.E.2d 587 (1980), reh`g denied, 415 NE2d 150 (Ind Ct App 3rd D 1981). In this case, a woman died and her will was to dispose fully of the property she owned with her husband on lease. The husband decided to take possession of it under the terms of the will, which granted him a lifetime estate with the rest to the nieces and nephews of the deceased wife. Later, the husband remarried and died with a will that transferred his property to his second wife. The second wife filed a silent lawsuit against the nieces and nephews. The Court of Appeal reassured the nieces and nephews of ownership of the property because the husband only retained a lifetime estate in the property when he decided to accept the bequests of his first wife`s will.
If he had refused to take under the will, he would have retained the property in fee simple, because of the surviving quality of the property held by the whole in the lease. In dismissing the retrial, the Court of Appeal emphasized that, since the husband had decided to take over his first wife`s estate in his will and if the other conditions for teaching choice were met, the property had to comply with the terms of the will. Thus, the Indiana court held that the common law choice doctrine may have a complete bearing on the intended effects of the lease created by the statute. Therefore, God`s absolute sovereignty is a motivation for evangelism, not discouragement. In Acts 18, Paul is in Corinth and the gospel was rejected by the Jews there. How did God encourage Paul not to be afraid to „continue to speak and not to be silent” (v. 9)? „I am with you, and no one will attack you or hurt you, for I have many people in this city” (v. 10). God assures Paul of his presence, protection, and election.
And Paul responds by „staying a year and a half and teaching them the Word of God” (v. 11). The point is this: the next person you pray for and/or share the gospel could be one of God`s chosen people, and you could be part of God`s way that God has ordained to make them believe. No matter which „side” we come from, and regardless of our culture or temperament, we must strive to discern the carefully nuanced balances of the gospel of free election and justification. We need to remember the biases we bring to the scriptures. And we must be prepared to learn to balance our own points of view. Paul also points out that God`s election is rooted in Christ`s work. Four times in Ephesians 1:3-6, he combines the blessings of God`s ruler by choosing grace with the Son: We are blessed „in Christ” (Ephesians 1:3); we are chosen „in him” (Ephesians 1:4); we are adopted „by Jesus Christ” (Ephesians 1:5); and we are blessed because we are „loved” (Ephesians 1:5). The blessings we receive are especially reserved for those who are united to Christ by faith, who trust in his death, resurrection, and ascension.
The ability to call God our Father is possible only through Christ, who alone allows access to the Father, because Christ did His work on the cross. Christ is not only the recipient of the Father`s love and affection par excellence (Col 1:13), but through his beloved Son we receive his blessing. Moreover, God`s work of predestination was done „according to the purpose of his will” (Ephesians 1:5). The basis of God`s choice was His own will, accomplished in accordance with His „purpose” or „pleasure,” suggesting that His people`s choice was something in which God found pleasure. God`s choice was also in accordance with His „will.” God has a specific plan and redemptive purpose for accepting stubborn sinners into His family. While Paul begins his letter in a typical Old Testament or Jew style of prolonged blessing (eulogy), he exhorts his readers to bless God because He has blessed us „with all spiritual blessings” (Ephesians 1:3). In particular, the emphasis is on spiritual blessings or blessings related to living in the Spirit. The first reason Paul gives believers to praise God is His divine election.
That is, God is worthy of our praise precisely because He chose us in Christ before the foundation of the world. The ultimate goal of God`s plan involves the redemption of the entire cosmos (Ephesians 1:10) and is therefore not limited to mankind. But the renewal of mankind is the key element of God`s cosmic plan to unite all things in Christ. God`s plan to save His people is described prominently in the first two chapters of Ephesians, especially in Ephesians 1:3-14. In the original Greek, this passage consists of a long sentence of 202 words. These verses contain many praises to God for His blessings that believers receive from their union with Christ; namely, God`s election, redemption, inheritance, and perseverance. The theme of God`s amazing love in regeneration is highlighted in Ephesians 2:4-10. It was not until March 2020 that the Honourable Supreme Court ruled in Bhagwat Sharan (deceased by L/Rs) v. Purushottam and Ors that a party cannot be allowed to authorize and condemn at the same time. This principle is based on the principle of elective theory. With respect to wills, this doctrine has been taken to mean that a person claiming part of the will cannot challenge the remaining part of the will.
In India, this doctrine is dealt with in Section 35 of the Transfer of Property Act in conjunction with Sections 180 to 190 of the Indian Succession Act. The doctrine of election is one facet of the law of estoppel. Any party using an instrument must accept everything mentioned in that document. Moreover, we must not question God. We must never try to guess who is „chosen” – never! God calls everyone to repentance, and so should we. In fact, the doctrine of election should give us much more hope of working with people. What for? Because no one is a hopeless case! From a human point of view, many seem completely hard and lost, but since salvation comes through God`s election, we should treat everyone with hope, as God calls the dead to life through us. In Cooper v. Cooper,[ii] Lord Hather explained the principle underlying the doctrine of election in the following words: Whether you think we will be saved by our choice or by God`s choice, you are always faced with the same question: Why wouldn`t God save us all if He has the power and desire to do so? Again, this is a difficult question, but it cannot be used as an argument against the doctrine of election.
Here are three of the most frequently raised questions by the doctrine of election: The letter to the Ephesians invites us to reflect on what God created us in Christ to show the gospel to the world. While the Williamson case in Illinois strongly denounces the application of the doctrine of choice to survivors` property, disagreement in other jurisdictions raises the possibility that various Illinois courts may decide otherwise. As a result, ATG`s underwriting guidelines will continue to recommend that lawyers obtain a joint tenancy or lease through all affidavits and carefully review wills for potential choice doctrine issues when intervening joint or renting on the entire property.