683. Intention as to merger inferred from circumstances attending union.

683.     Intention as to merger inferred from circumstances attending union.

Where there is no express declaration as to merger1, an actual intention can be inferred from the circumstances attending the union of the charge and the estate. The contemporaneous transfer of the charge to a trustee is one of the grounds on which an actual intention can be inferred and the presumption in favour of merger rebutted2, but by itself it is not decisive against merger3.