The Law of Merger: As it Affects Estates in Land and Also Charges Upon Land

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V. & R. Stevens and Sons, 1861 - Estates (Law) - 175 pages
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Page 34 - John the elder died. John the younger suffered a common recovery to the use of himself for life, remainder to his wife for life, remainder to the heirs male of their two bodies, remainder to the use of the will of John the elder,
Page 1 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 32 - ... base fee shall not merge, but shall be ipso facto enlarged into as large an estate as the tenant in tail, with the consent of the protector, if any, might have created by any disposition under this Act, if such remainder or reversion had been vested in any other person.
Page 70 - December, 1844, shall be, and, if created before the passing of this Act, shall be deemed to have been capable of taking effect, notwithstanding the determination, by forfeiture, surrender, or merger of any preceding estate of freehold, in the same manner, in all respects, as if such determination had not happened.
Page 67 - October, 1845, be surrendered or merge, the estate which shall for the time being confer, as against the tenant under the same lease, the next vested right to the same tenements or hereditaments shall, to the extent and for the purpose of preserving such incidents to, and obligations on, the same reversion, as, but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the same lease.
Page 80 - March 1821, if their interest should so long continue, subject to a rent of 42/. and various covenants, with a proviso for re-entry in case of default. P. had already the reversion in fee, subject to a mortgage granted by him before the last-mentioned demise. By lease and release executed in 1820, to which the mortgagee was a party, P. in consideration of a sum of money (part of which went to discharge the mortgage), conveyed the premises in fee to a purchaser, to whom whom the mortgagee also assigned...
Page 143 - Wms. 393, are express authorities to show that one purchasing an equity of redemption cannot set up a prior mortgage of his own, nor, consequently, a mortgage which he has got in, against subsequent encumbrances of which he had notice " ; or in other words, that the mortgage would always merge in equity.
Page 120 - It is very clear, that a person, becoming entitled to an estate, subject to a charge for his own benefit, may, if he chooses, at once take the estate, and keep up the charge.
Page 11 - The arguments of counsel are omitted. into Chancery to compel a conveyance. After his death, the vendor conveyed to the widow, which conveyance, on the condition of the son's living till twenty-one, and making a certain provision for her, was to be absolutely in trust for him. He outlived his mother, and on her death, the trust estate was completely vested in him (the subsequent limitations in the will being on contingencies which never happened), and the legal estate descended to him from her. The...
Page 30 - Philip the son for life, remainder to " trustees to preserve contingent remainders, " remainder to his first and other sons in tail

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