ambler case wood and wife against GAYNON and wife and other see powys v  Blagrave de g m g barn v Dowling lt devise of freehold and copyhold estate  part consist of a brewhouse and malthouse which be in lease together with the  plant and utensil hold that the plant pass see Lord Dudley v Lord ware ante  court refuse to decree tenant for life to repair or to appoint a receiver with  direction to repair see Caldwell v Baylis Merrie lansdown v lansdown I W Lord  ormond v Kynersley mad lib Reg b foe b S c hill ms Vol p at the roll Monday d  march l Blackman lime by will give all his freehold and copyhold message land  and tenement to Sarah Foley his housekeeper if she shall be live with he at  his death for her life with remainder to the plaintiff mrs wood and the  defendant Benjamin lime in fee equal between they and he give the residue of  his personal estate to mrs wood and Benjamin lime and make mrs wood and  defendant Griffith executor the testator copyhold estate consist inter alian  of a brewhouse and malthouse ambler er p which his father have let on lease to  William brooker together with the plant and utensil which lease do not expire  till two or three year after the death of the testator on the death of the  testator mrs Foley enter upon the brewhouse and the other freehold and  copyhold estate and have afterward marry the defendant Gaynon they receive the  whole rend for the brewhouse and plant till the expiration of the lease and  then article with the defendant brooker to grant he a new lease bill by  plaintiff for a account of the personal estate possess by Gaynon and his wife  to have the plant deliver up as be part of the personal estate and to have  satisfaction for the use of it by a apportionment of the rend and to compel  the defendant Gaynon and his wife to put and keep the premise in repair or to  have a receiver appoint with direction to repair the same Benjamin lime have  refuse to join with plaintiff be make defendant two question be make saint  whether the plant pass with the brewhouse d whether a bill can be bring in  this court by a reversioner to compel tenant for life to repair ambler as to  the saint his honour be of opinion that the testator intend to devise the  plant as well as the shell of the brewhouse that without the plant the wall  will be of no use and it wag material in his judgement to the present question  that the whole be at the time of make his will and at his death in lease to  brooker to d question it be argue by I for plaintiff that no action will lie  at law but in case of waste to the destruction of the house that it be  reasonable that tenant for life shall keep the estate in repair that this  court will in many case interfere to prevent and give relief upon matter of  waste where no remedy can he have at law that let the waste be ever so great  in the present case the plaintiff can maintain a action at law without  Benjamin lime the other reversioner join in it and that he have refuse to be  complainant in this suit and for the same reason will not join in a action at  law that in case of mrs Gaynons death and the premise ever so much out of  repair no remedy can he have against her representative it be a trespass or  tort which die with the person and therefore this court ought to interfere  that no inconvenience can arise from the court be interfere if improper or  frivolous suit shall be bring against jointresses or tenant for life they will  be dismiss with cost on the other side it be say that no precedent can be  produce where this court have make such a decree which be a reason why none  shall be make now that it will tend to harass tenant for life and jointresses  and suit of this kind will be attend with great expense in deposition about  the repair the master of the declare that as there be no precedent he will not  make one note this last question be take up and argue on the plaintiff counsel  call for the deposition about the repair to be read and his honour be of the  above opinion the deposition be not read ambler Mr Perrot be of counsel with I  for the plaintiff but he give up the last question Mr jewel and Cox be counsel  for the defendant Gaynon and his wife the only entry in the register book be a  order of dismissal the plaintiff wave the account of the testator personal  estate