Re Edwards [1958]
Conditions for election: A (testator) attempts to devise a land by will to B. In actual fact, the land belonged to C, and not A. • However, in the same will, A also bequeathed £1000 to C. • C is in the position either to :
i) transfer the land to B and receive £1000; or
ii) keep his land and compensate B the value of the land should he choose to also keep the £1000.
iii)Intention on the part of A to dispose certain property to someone (B),
iv)The property is not A’s property i.e. someone else’s property (C), and
v)Benefit should be given to the true owner of the property (C).