Pitts Banking Co. v. Fenn

1. If two estates in the same property unite in the same per'son in his individual capacity, the latter estate is merged in the greater. Civil Code (1910), § 3682. So where the beneficiaries of a homestead estate acquire an absolute title to the reversionary interest in the property out of which the homestead estate was carved, and it does not appear that it was the intention of the beneficiaries to keep the two estates separate, the latter or homestead estate is merged in the greater or absolute estate, and the beneficiaries in whom the two estates unite may convey the fee in the land…