An Essay on the Quantity and Quality of Estates; With More Immediate Reference to the Law of Merger

by Richard Preston

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1843. ... CHAPTER XIV. 446 Is this, the concluding chapters are to be First, THE MANNER IN WHICH THE DOCTRINE AFFECTS THE PARTY WHOSE ESTATE IS MERGED; Secondly, THE SITUATION IN WHICH IT LEAVES OTHER PERSONS WHO HAVE ANY CLAIMS ON THE ESTATE WHICH IS MERGED, OR ANY INTERESTS DERIVED OUT OF THAT ESTATE; Thirdly, THE EFFECT WHICH IT PRODUCES ON THE ESTATE IN WHICH THE MERGER TAKES PLACE. As to the first head. The doctrine of merger may be injurious to the person in whose estate in reversion or remainder a prior estate becomes merged or absorbed. It has been shown this person, if he sustain the character of a trustee, may be protected by a court of equity from the effect and consequences of the merger; but unless he can derive a protection from this or from some other source, he may by reason of the merger be subjected to a lease operating r #447 1 by interesse termini, to a charge, or to a judgment, as a i--" present and immediate encumbrance, affecting the possession; while without the merger such lease, judgment, &c. would not have attached on the possession until the prior estate had determined by effluxion of time. An actual interposed term, as has already and frequently been shown, would have kept the freehold and inheritance, though united, so far distinct that the term would not become an estate in possession until the particular estate of freehold was determined in point of title, and by way of effluxion of time. Secondly, Notwithstanding the merger of the particular estate, persons who have interests affecting the estate which is merged, will be Jell in the same condition in point of benefit, as if no merger had taken place. Therefore if tenant for life has made a lease, or has granted a rent-charge, or confessed a judgment, such lease, rent, ...

118 pages, Paperback

Published February 5, 2012