Cooper v Cooper
1874 · (1874) LR 7 HL 53
Posted By lanbuk.com
- Facts
- A marriage settlement purported to deal with property that was not entirely the settlor's, while giving benefits to the person who owned it.
- Issue
- Did the owner have to choose between keeping his own property and taking under the instrument?
- Held
- The House of Lords held that the applied. A person cannot take a benefit under an instrument and also reject a disposition in it that affects his property. If he takes against it, he must compensate the disappointed party.
- Principle
- One who takes a benefit under an instrument must accept its burdens or compensate those he disappoints.
- Why it matters
- It is a leading statement of the doctrine of election.
Words and Latin in this note
- Doctrine of election
- The rule that a person who takes a benefit under a will or deed must accept a burden it places on his own property, or compensate the person disappointed. Open the note.
- Settlor
- The person who creates an express trust by declaring himself trustee or transferring property to trustees. Open the note.
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