An Essay On Waste, Nuisance, And Trespass, Chiefly With Reference to Remedies in Equity : Treating of the Law of Timber, Mines, Lights, Water, Support, the Construction of Public Works, &c. &c

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Dig. 'Biens' (H); Scriven, 4th. edit. p. 422, n. (j), and authorities there cited, which see also as to trees not timber.
> 3 Atk. 751.; 1 Ves. 524, 546 ; 1 Dick. 183 ; 1 W. & T.
Lead. Ca.
Digitized by Microsoft® 3a Chap, I.
Sect. 4.
WASTE IN TUJBEE AND OTHER _ waste/ with remainder to trustees to preserve contingent remainders, with remainder to his first and every other son in tail, with the remainder to the defendant in fee. Before Mr. Garth had any children he entered into an agreement with
... the defendant to cut down timber and divide the profits between them. Afterwards he had a son born, who, after his father's death, succeeded in compelling the defendant to refund his share of the timber money.
In Williams v. Duke of Bolton' the tenant for life doing waste had himself the next estate of inheritance. The facts were that the Duke was tenant for life with contingent remainders to his, first .and other sons in tail, with remamderto Mrs. Orde for life, with remainder to her first and other sons in tail, with remainders over, with remainder to the Duke in fee.


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