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Equitable Doctrines Notes

Irish BCL Notes > Irish Equity Notes

This is an extract of our Equitable Doctrines document, which we sell as part of our Irish Equity Notes collection written by the top tier of Trinity College Dublin students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Irish Equity Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Equitable Doctrines Conversion
? Fletcher v Ashburner
? Money directed toward the purchase of land and land directed to be sold, are regarded by equity as that species of property into which they are directed to be converted.
? Steele v Steele (Ir CA)
? Where a purchaser has contracted to sell lands which he later devises in his will, it entitles the devisee to the same estate in the purchase money.
? Lawes v Bennett (Rolls)
? If a man possesses real estate and enters a contract to sell it and dies before the contract is complete it is personal property to him. Reconversion Election
? Sullivan v Sullivan (Ir CA)
? The general principle of election is that where somebody takes a benefit under a will or other instrument, they must give full effect to the instrument under which they receive the benefit.
? If the instrument purports to deal with something which it was beyond the power of the donor or settlor to dispose of, but to which effect can be given by the concurrence of the person benefitting, the law will impose on that person the duty to give that concurrence.
? It is however, for that person alone to elect to receive the benefit or not.
? Re Edwards (CA)
? The essentials of election are:
# there should be an intention on the part of the testator to dispose of certain property
# the property should not in fact be the testator's own property
# a benefit should be given by the will to the true owner of the property
? Re Lord Chesham (Ch)
? Election is based on the principle that a man should not be allowed to approbate and reprobate and that if he approbates he shall do all in his power to confirm the instrument which he approbates.
? Wollaston v King (Eq)
? The rule as to election applies as between a gift under the will and a claim dehors adverse to it - it does not apply as between two different clauses under the same will.
? Sweetman v Sweetman (VC Court)
? Conditions for holding a party bound to his choice election are:
# he must know that the property, which the testator has chosen to give to another person, was not the testator's property and would upon the testator's decease belong to him
# he must know the relative values of the properties between which he is to elect
# he must know that the rule of equity exists and that he has to chose between the two estates
# he must have made deliberate choice to exercise it Satisfaction Satisfaction of debts by legacies
? Talbott v Shrewsbury (Ch)
? If a debtor gives his creditor a legacy which exceeds the size of the debt it is to be taken as satisfaction of the debt.
? However, if the legacy is given on a contingency the legacy will not be taken in

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