678. Union of beneficial interests sufficient for merger.

678.     Union of beneficial interests sufficient for merger.

As merger depends on intention, and not on the mere legal union of the charge and the estate, it may take place even though the charge is supported by an outstanding legal estate1. For merger to take place it is sufficient that the beneficial interest in the charge and the beneficial estate in the land meet in the same person, whether in either case they are accompanied by the legal interest or estate or not2.