Fletcher v Ashburner
1779 · (1779) 1 Bro CC 497
Posted By lanbuk.com
- Facts
- A will directed that land be sold after a widow's death and the proceeds divided. A died before the widow.
- Issue
- Was the beneficiary's share land or money when he died?
- Held
- It was treated as money. A binding direction to sell meant equity treated the land as already converted.
- Principle
- Money directed to be used to buy land, and land directed to be sold, are treated as the kind of property they are to become.
- Why it matters
- It is the classic statement of the .
Words and Latin in this note
- Equitable conversion
- Treating land that must be sold as money, and money that must be spent on land as land, because equity regards as done what ought to be done. Open the note.
- Beneficiary
- A person entitled to the benefit of trust property in equity, who can make the trustees carry out the trust. Open the note.
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