COMMON LAW 249
Infants and Lunatics are persons under disability and cannot, therefore, reconvert. But the Court may direct reconversion on their behalf if it is beneficial to them.
Married woman can reconvert if the property belongs to her for her separate use. If it is not her separate property, then she can do so only with the consent of her husband.
(4) Evidence of election to reconvert—
(i) express declaration of intention in that behalf;
(ii) conduct amounting to election.
(2) Reconversion by Law
Where a person, who is under an obligation to convert property, is in possession of and absolutely entitled to the property after the obligation has ceased, the property is at home and reconverted without any act on his part. Thus—
A converts within 3 years after his marriage with B to invest £ 1,000 in the purchase of lands and settle them upon his wife B. B dies within a year of the marriage. Since the obligation to invest money in land and the right to require its investment are both vested in A, the obligation is discharged by operation of law and the money which was converted into land by the covenant is reconverted and passes to the nextof-kin.
Election
I. D ISTINCTION BETWEEN ELECTION IN LAW AND ELECTION IN
E QUITY .
(a) Election in law is connected with the choice of a party to repudiate a liability arising out of an unauthorized act or to ratify the act and accept the liability.
(b) Election in Equity is connected with the choice of a person to accept a gift which is subject to a burden or to reject the gift.
II. N ECESSITY FOR TIE E QUITABLE DOCTRINE OF E LECTION .
(i) What is the problem which the doctrine deals with
Nature of the Problem.
A gives his property to B by an instrument-deed or a will—and by the same instrument gives to C a property belonging to B.
What can B take under such an instrument ?