118. Election.

118.     Election.

Where a testator has a special power of appointment and exercises it in favour of objects not capable of taking under the rule, but at the same time disposes of his own property in favour of objects entitled in default of appointment, the persons so entitled are not bound to elect whether they will confirm the invalid disposition or take the interest in the testator's property1. Where, however, the appointment does not infringe the rule, but is to persons not objects of the power, the persons entitled in default must so elect2.