9  VOL.  rv.  KXST.  129


i


*  103  OF  BBAL  PROPIBBTT.  [P*rt  VL

terest  that  requires  to  be  protected,  or  some  just  intention  to  the
cootrary,  and  the  equitable  or  legal  estates  anite  in  the  same
person,  the  equitably  trust  will  merge  in  the  legal  title;  for,  as
a  general  rule,  a  person  cannot  be  a  trustee  for  himself.  Where
the  legal  and  the  equitable  interests  descended  through  diiSerent
channels,  and  united  in  the  same  person,  and  were  equal  and  co-
extensive, it  has  been  held,  that  the  equitable  estate  merges  in
the  legal,  in  equity,  as  well  as  at  law  (a).  The  rule  at  law  is  in-
flexibly; but  in  equity  it  depends  upon  circumstances,  and  is
governed  by  the  intention,  either  expressed  or  implied,  (if  it  be  a
.just  and  fair  intention,)  of  the  person  in  whom  the  estates  unite,
and  the  purposes  of  justice,  whether  the  equitable  estate  shall
merge,  or  be  kept  in  existence  (&).  If  the  person  in
[  *  103  ]  whom  the  estate  unite  be  *not  competent,  as  by  reason
of  infancy  or  lunacy,  to  make  an  election,  or  if  it  be  for
his  interest  to  keep  the  equitable  estate  on  foot,  the  law  will  not
imply  such  an  intentioo  (c).
It  would  be  inconsistent  with  the  object  of  these  Lectures,  to
pursue  the  learning  of  merger  into  its  more  refined  and  compli-
cated distinctions;  and  especially  when  it  is  considered,  accord-
ing to  the  language  of  a  great  master  in  the  doctrine  of  merger,
that  the  learning  under  this  head  is  involved  in  much  intricacy
and  confusion,  and  there  is  difficulty  in  drawing  solid  conclusions
from  cases  that  are  at  variance,  or  totally  irreconcilable  with
each  other  (d).
