case Claxton versus Claxton eoden die lord commissioner Eq can ab pl pro Ch  pale yellow Eq Rep S c devise of land upon which timber be grow to a for life  remainder to b in fee pay several legacy within a limit time and in default of  payment the remainder in fee be devise over to he pay the legacy upon a bill  bring by b the court give leave to b to cut down timber for the payment of the  legacy though it be oppose by the tenant for life and the devisee over one  morris Claxton devise his land to the defendant Dorothy his widow for life  remainder to the plaintiff and his heir pay several legacy at the time appoint  in his will for that purpose the word be upon condition that he and his heir  shall pay unto the several person in the will name the several legacy and sum  of money to they respective give by the say will but in case the plaintiff or  his heir shall fail in the condition aforesaid then he devise the say  reversion to b c on the same condition r l and if he do not pay accord  remainder over to one Bacon he pay the legacy and if he fail the like  remainder over to the defendant Felton he pay the legacy now the plaintiff  bill be in regard there be a great quantity of timber grow upon the estate  which belong to he in right of his reversion that he be Willing it shall be  sell and the legacy pay but that the widow who have bare a estate for life and  can make no profit thereof herself yet she in combination with the other  remaindermen design to make the plaintiff forfeit his estate by nonpayment of  the legacy refuse to permit he to fall the timber though he offer satisfaction  for any damage she shall sustain thereby and therefore pray he may have  liberty to cut and carry off the timber and sell it for payment of the legacy  make the widow satisfaction the widow by answer insist that the plaintiff have  no right to take off the timber in her lifetime and the defendant Felton hope  he shall not be compel to consent to the do thereof Vernon chancery case it be  object that the plaintiff have make the widow and Mr Felton party and have not  Bacon who be next in remainder after the plaintiff before the court but Mr  Felton a more remote remainderman the answer that be give be that Bacon be  Willing and consent to it and therefore they have no occasion to make he a  defendant the court think it reasonable that the plaintiff shall have liberty  to take off the timber make satisfaction to the widow for break the ground by  carriage waste c and refer it to a master to see what quantity of timber be  necessary to be fall for payment of the legacy and what may be convenient  spare leave sufficient for repair c and the defendant to have their cost Reg  lib a fol vide Aspinwall v leigh post as to timber it be a clear settle rule  that timber while stand be part of the inheritance but whenever it be sever  either by the act of God as by tempest or by a trespasser and by wrong it  belong to he who have the first estate of inheritance in the land whether in  fee or in tail Bewick v Whitfield p wms Carth v cotton atk and case there cite  but yet where tenant for life have in himself the next existent estate of  inheritance subject to intermediate contingent remainder the court will  preserve the timber for the benefit of the contingent remainderman William v  duke of Bolton Cox et vide further on this subject ex part Bromfield Ves jun  powlett v duchess of Bolton Ves smith v collyer Ves lansdown v lansdown mad  lord Hutchins cite a case of Nelson and Nelson where he say be a like decree  for sale of timber in the lifetime of the tenant for life for payment of  legacy Vernon chancery case er p