ACQUIESCENCE - The consent which
is impliedly given by one or both parties, to a proposition,
a clause, a condition, a judgment, or to any act whatever.
When a party is bound to elect between a paramount
right and a testamentary disposition, his acquiescence
in a state of things which indicates an election,
when he was aware of his rights will be prima facie
evidence of such election.
The acts of acquiescence which constitute an implied
election, must be decided rather by the circumstances
of each case than by any general principle.
Acquiescence in the acts of an agent, or one who
has assumed that character, will, be equivalent to
an express authority.
