case Bewick v Whitfield see bell v Wilson l r Ch Seagram v knight lr Ch in re  Barrington Gamlen v lion Ch d William v Bolton note S c Cox see  BirchWolfeBirch l r Eq see a branch of this Cause Vol Lord chancellor Talbot a  tenant for life remainder to b in tail as to one moiety remainder to c a  infant in tail as to the other moiety remainder over there be timber on the  premise great decay b the remainderman bring a bill pray that the decay timber  may be cut down sell and the money divide betwixt he and the infant and the  tenant for life insist to have part of the money tenant before life must have  sufficient leave for repair c and a allowance for all damage do to he on the  ground but to have no allowance for the timber which when sever by accident or  by a trespasser belong to the first owner of the inheritance decay timber if  for ornament or safety not to be cut down also where a infant be interest in  the inheritance no timber can be cut down but by the approbation of the master  and the infant moiety of the money to be put out for his benefit a be tenant  for life remainder to b in tail as to one moiety remainder as to the other  moiety to c a infant in tail remainder over there be timber upon the premise  great decay whereupon b the remainderman bring a bill pray that the timber  that be decay may be cut down and that the plaintiff the remainderman in tail  together with ache other remainderman the infant may have the money arise by  the sale of this timber on the other hand the tenant for life insist to have  some share of this money peer William Lord chancellor the 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 whether in fee or in tail who may bring trover for  it and this be so decree upon occasion of the great windfall of timber on the  Cavendish estate dly as to the tenant for life he ought not to have any share  of the money arise by the sale of this timber but now the produce of the  timber be lie out and the interest pay to the tenant for life Wickham v  Wickham cook Ves but since he have a right to hat may be sufficient for repair  and boat care must be take to leave enough upon the estate for that purpose  and whatever damage be do to the tenant for life on the premise by he hold for  life the same ought to be make good to he dly with regard to the timber plain  decay it be for the benefit of the person entitle to the inheritance that it  shall be cut down otherwise it will become of no value but this shall be do  with the approbation of the master and tree though decay if for the defence  and shelter of the house or for ornament shall not be cut down b that be the  tenant in tail and of age of one moiety be to have a moiety of the clear money  subject to such deduction as aforesaid the other moiety belong peer William er  p to the infant must peer William be put out for the benefit of the infant on  government or real security to be approve of by the master the estate upon  which the timber in question in this cause grow be settle to the use of the  grantor for life and after several prior limitation to the use of Robert  Bewick for his life remainder to trustee to preserve contingent remainder  remainder to his first and other son in tail with like remainder to Joseph  Calverle and Benjamin Bewick and their first and other son remainder to jane  Bewick and Barbara Ramsay sister of the grantor and the heir of their body  remainder to the right heir of the grantor the bill in this cause be file by  Robert Bewick the tenant for life and Robert Bewick his infant son the  defendant be Utrick Whitfield and Philadelphia his wife and the say Calverle  Bewick but it do not appear by Reg lib what interest Whitfield and his wife  have in the premise after state the settlement and the determination of the  several estate prior to the estate for life of Robert Bewick the father and  that the plaintiff Robert Bewick the father be become seize of the estate for  his life and the plaintiff Robert Bewick the son be become entitle to a estate  tail in remainder expectant on the determination of that estate for life and  that the say Joseph Bewick and Benjamin Bewick be dead the bill proceed to  state there be great quantity of oak ash and other timber tree grow on the say  premise the great part whereof wear so very old that they be go very much to  decay and if permit to stand will grow every year of much Le S value and if  cut down will be of considerable advantage to the person entitle to the  inheritance of the say premise that the plaintiff Robert Bewick the son be a  infant of only three year old and therefore can give no direction for cut such  timber that the defendant insist that in a decree make in two former cause in  this court date the that of October the plaintiff be restrain from commit  waste upon the say premise whereas that decree ought not to be object to the  plaintiff by reason that the great part of the say timber tree be go to decay  and will grow worse every year and the bill therefore pray that the plaintiff  Robert Bewick the father may be empower to cut down and sell such timber tree  as be decay or at their full growth and fit to be cut for the benefit of the  plaintiff Robert the infant and so from time to time as there shall be  occasion for the benefit of the say infant the defendant Whitfield and his  wife by their answer admit man of the tree to be in a state of decay but  insist that some of they have be grant for ornament and they hope the court  will take care as well of their interest in the premise as of such money as  shall arise from the sale of the timber which the plaintiff the father shall  be authorize to cut and sell the defendant Calverle Bewick say that there be  several timber tree on the say premise at their full growth and other go to  decay and apprehend that it will be for the benefit of every one interest in  the premise to have such as be decay or go to decay cut down and he be Willing  that will the same shall be cut down and sell by the direction of the court  provide the money arise thereby shall be secure and put out at interest for  the benefit of the person who shall be entitle to the inheritance of the say  premise so that it appear from the plead that the tenant for life so far from  claim a share of the money be coplaintiff with the infant tenant in tail in a  bill pray to have the money secure for the benefit of the infant a tenant for  year remainder to b for life remainder to c in fee a be do waste b though he  can bring waste as not have the inheritance yet he be entitle to a injunction  see roll Abr Roswells case Perrot v Perrot atk Davis v leo Ves but if the  waste be of a trivial nature and a strong if it be meliorate waste as by  building on the premise see Inst the court will not enjoin nor if the  reversioner or remainderman in fee be not make a party who possible may  approve of the waste by the Lord king mollineux v Powell Paschce but yet where  the tenant for life have also in himself the next existent estate of  inheritance subject to intermediate contingent remainder he shall not take  advantage of his own wrong in cut down timber but the court will preserve it  for the benefit of the contingent remainderman William v duke of Bolton Feb  Cox the duke be tenant for life with contingent remainder to his first and  other son remainder to mrs Orde for life remainder to her first and other son  with other contingent remainder over with estate to trustee to preserve all  the peer William er p contingent remainder remainder to the duke in fee mrs  Orde have a son bear who die in a few day after his birth all the contingent  remainder be yet in expect cyan the duke cut down timber mrs Orde have  afterward another son who be a defendant in the cause on the question to who  this timber shall belong the Lord chancellor be of opinion that as it be not  competent for the duke to cut down timber in respect of his life estate he  shall not take advantage of his own wrong that the timber although by  severance become personalty be yet bind as far as it can be to the use of the  realtythat the administrator of mrs ordes first son be certain not entitle the  child be dead at the time of the timber cut neither can her second son claim  it for although he have a vest estate of inheritance yet such estate be liable  to be divest by the duke be have a son his lordship therefore think nobody at  present entitle but direct the duke to pay into court to the credit of the  cause the sum of pound d for which the timber have be sell and order that the  master shall inquire into and ascertain the time at which the say sum or any  part thereof be receive by the defendant the duke and shall compute interest  thereon from such time respective and that the duke shall pay into court in  like manner what shall be find to be the amount of such interest and that such  principal and interest shall be lie out subject to further order with liberty  for any person interest to a ply Reg lib fol Cox powlett v duchess of Bolton  Ves so Perrot v Perrot ub sup lee v Alston Ves Jun S c bro c c there v Hopkins  Cox the marquis of lansdown v the marchioness of lansdown mad as to what  estate other than of inheritance entitle the tenant to cut timber or to have  it when cut see William v William Ves S c east Wickham v Wickham coop S c Ves  Davis v duke of Marlborough swan Skelton v Skelton swan n Abrahall v Bubb swan  n S c Freem and show vide chamberlain v Dummer bro C C and bro c c SC dick  Lord Tamworth v Lord Ferrars Ves William v MNamara Ves day v merry Ves  Delapole v Delapole Ves Smythe v Smythe swan S c will coffin v coffin Jacob  the decree direct the master to inquire what timber there be stand on the say  estate that be in a decay condition so Hussey v Hussey mad which be neither a  shelter or ornament to the seat and that such decay timber as the master shall  direct shall be cut down from off the say estate and sell by such person as he  shall appoint for that purpose and out of the money arise by the sale of such  timber the cost of all party to this suit to be tax by the say master be to be  first pay and the residue of the say money be to be put out at interest on  government or other security in the name of trustee to be approve of by the  say master for the benefit of the say plaintiff Robert Bewick the infant to be  pay he when he come of age and the trustee be to declare the trust of the say  money and all party be at liberty to apply to this court from time to time as  there shall be occasion for further direction Reg lib a fol