21. Tenant for life without impeachment of waste, being
dispunishable, has also the property in the trees se-
vered.
22. Tenant in tail after possibility of issue extinct, being dis-
punishable for waste by the law, has equally with tenant
for life without impeachment of waste by settlement an
interest and property in the timber.

23. Tenant in tail after possibility of issue extinct, having
been once tenant in tail in possession with the other
donee, and therefore dispunishable for waste, may, not
only commit waste, but also convert to her own use the
property wasted. Therefore not to be restrained in
Equity, except for malicious waste.

24. Injunction against waste not prevented by appearance the
day before the Motion. Allard v. Jones.
25. Injunction against waste between tenants in common on
the ground, that one was occupying tenant to the other:
otherwise not, except as to destruction. Twort v.

26. Equitable waste by cutting trees planted for ornament.
(See Nos. 3. 7. 8. 9. 28.)
27. Residue bequeathed in trust to be laid out in real estates,
to be settled to the same uses as estates devised to the
trustees for life successively without impeachment of
waste, with various limitations in strict settlement, all
the estates for life being without impeachment of waste,
and the ultimate remainder in fee. The trustees having
laid out part of the fund in an estate with a consider-
able quantity of timber upon it, taking that to be a
sound exercise of discretion, the first tenant for life
cannot cut the whole. As to the consequence, whether,
if the trustees are not by their character prevented from
taking any benefit, the tenant for life may have any and
what proportion of the timber, and how the excess is
to be disposed of, quære. Burges v. Lamb.
28. Equitable waste has not been extended beyond trees
planted or growing for ornament, as in avenues or
vistas, to timber merely ornamental: viz. an extensive
wood. (See Nos. 3. 7. 8. 9. 26.) Burges v. Lamb.
29. Cutting timber, where necessary for the growth of under-
wood, not waste.

30. Land devised to be sold, the money to be laid out in
other estates, to be settled: the rents and profits until
sale to go to the persons, entitled to the estates to be
purchased. Tenant for life without impeachment of
waste cannot cut timber on the estate to be sold.
31. Right of tenant for life without impeachment of waste to
cut timber, generally, in a husbandlike manner, inde-
pendent of the effect upon the beauty of the place,
except equitable waste.

32. Equitable waste not to be extended.

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XV. 4.5

XV. 427

XV. 430

XV. 605

XVI. 128

XVI. 132

XVI. 174

XVI. 174

XVI. 179

XVI. 180

XVI. 185
XVI. 1835

33. Injunction against cutting ornamental timber, upon the
principle of equitable waste, extended to trees, planted
for the purpose of excluding objects from view. Day
v. Merry.
34. Devise in strict settlement, with a clause of forfeiture by
cutting any trees. Upon a bill by the infant remainder-
man in tail an Inquiry was directed, whether any trees,
in the park, not ornamental, or affording shelter to the
mansion-house, are proper to be felled; and whether it
would be for the benefit of all parties interested, that
they should be felled, and sold: and the money laid out
in other estates, to be settled to the same uses. Dela-
pole v. Delapole.

See Appeal 20. Bank of England 4. Bankrupt (Mort-
gage 4.) Charity (Jurisdiction 1.) Copyhold. Es-
tate (For Life 3.) Heir 4. Injunction 5. 7. 8. 12. 14.

15. 19. 22. 25. 42. 47. 56. Landlord and Tenant 48.
Lunacy 5. Practice 15. 46. 375. 379. Timber. Tres-
pass 3.

WATER.
See Injunction 62.

WAVER.

1. Of condition for security by taking part, and payment

1. As to the effect of taking away part of the property sold, and a payment on account, as waving a breach of the condition of sale, requiring security, quære. Ex parte Gwynne.

2. Party may wave an inquiry, directed for his benefit.
See Contract (Specific Performance 55.) Practice 387.
Vendor and Vendee 28.

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XVI. 375

XVII. 150

XII. 379 XIX. 594

1.

WEST INDIES.

Jurisdiction on contract as to West India estate.

2. Expense of remitting a debt, contracted in Jamaica, payable in London, falls on the debtor.

3. Whether Action lies on bond, on which judgment obtained in Jamaica.

1. Jurisdiction here upon contracts as to an estate in the West Indies. Jackson v. Petrie.

2. Debt, contracted in Jamaica, made payable in London. The expense of commission to the agent, remitting the money, falls upon the debtor. Cash v. Kennion.

3. Whether Action lies upon a bond, on which judgment
has been obtained in Jamaica, quære.

See Consignment 2. Costs 14. Lien 19. Limitation.
(Time 14.) Mortgage 19.

Will 178.

WIDOW.

See Annuity 2. 3. Assets 25. Copyhold 3.

(Surrender 2. 12. 13.) Dower. Election (Dower 2.) Infant 4. London (Custom of) 1. Representative 9. 10. 19. 20. Satisfaction 32.

WIDOW, OFFICER'S.

See Lord Clive's Bounty. Pension.

See Baron and Feme.

39. 41. Lunacy 57.

tative 19. 20. 26.

WIFE.

Dower. Infant 33. 35. Interest
Ne exeat Regno 30. Represen-
Ward of Court.

WILL.

1. To heir void; except as a revocation.

2. Contingent legacy.

3. Limitation over of personal estate after a general failure
of issue established: as on a contingency with a

double aspect.

4. Personal property, to be laid out in land, under a ge-
5. S neral devise.

6. Possibility devisable.

7. Equitable interest devisable.

8. Cannot pass land, which testator had not at the time
of making it.

9. Passes lands under contract before, executed after, the

Will.

10. Equitable lien devisable.

11. Ambulatory distinguished from specific bequest.

12. Express disposition not controlled by subsequent in

ference.

13. Same effect to every part.

14.

Absolute interest reduced to a trust.

15. Immediate interest under power of disposition at death. 16. Substituted legacies charged under a charge of original legacies revoked.

17. General construction.

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X. 164

XI. 314

XI. 357

18. Of personal estate on general failure of issue void.
19. Annuitant of £50 to be purchased, and £40 till the pur-

20.

chase, entitled to £50 after the first year. Executor
not charged with over-payment of £50 from the es-
tate, instead of purchasing, in a general account with
just allowances.

Restraint of alienation by executor.

21. Appointment of the whole to a surviving child established: an interest vesting at twenty-one being limited to default of appointment.

22. General construction.

23.

General construction: Equitable estate for life; as an
exception from a general devise. Trustees' allow-

ances.

24. Legacy, given over on death before legatee might have
received it, vested.

25. Uncertain time of sale referred to the death.
26. Future disposition referred to; but not made.
27. For grand-children restrained to those living at tes-
tator's death.

28. Codicil part of the Will.

29. Of land on trusts to be appointed by Deed.

30. Of land in trust for debts and legacies.

37.

38.

} Double legacies.

39. Legacies not adeemed by a second instrument, not relating to the first.

40. Trust under a legacy only to erect a charity.

41. Not construed by subsequent circumstances.

42. Codicil part of the Will.

43. Of land for charity void; and not supported as a per44. S sonal benefit, unless totally separate.

45.

General construction.

46. Implication.

47.

48.

General construction.

Conversion of property.

49. Deed testamentary.

50. Testamentary paper as if incorporated; and whatever 51.) the form.

52.

53.

Rent out of freehold within the Statute of Frauds.
Cannot unite with a Deed.

54. Land charged with legacies in aid of the personal es-
tate, liable under an unattested Codicil.

55. Tenancy in common, notwithstanding words of sur

vivorship.

Clear intent required for an equitable charge.

Vol. Page

59.

60. S

Trust from recommendation, &c.

61. Principal on mortgage did not pass by the description

of arrears.

62. Distinguished from devise: an appointment in nature of a conveyance, fluctuating till death.

63. General construction.

64.

}

Conversion of estate.

65. Additional, or substituted, legacy out of the same fund, and subject to the same conditions, as the original. 67. Advowson in gross passing by general words.

66.

68. To the use of A. and in case of her decease to her children, share and share alike: a life interest, with remainder.

69. General construction. Purchaser not compelled to take a doubtful title.

70. General construction. Vesting.

71. Absolute interest in personalty under a limitation with freehold estate in tail.

72. Wrong description of legatee named.

73. Execution of power.

Evidence.

74. Conversion of estate. Vesting. Execution of power. 75. Legacy of a bill of exchange, the principal property, not adeemed by payment.

76. Real estate, well charged, not discharged by Codicil unattested.

77. General construction.

78. Under a general charge, legacies charged or revoked by unattested instrument.

79. Posthumous child included among children.

80. Vesting restrained to children living at the death of their mother, tenant for life.

81. Legacy to grand-children to be assigned at twenty-one : payable, when the first attains that age.

82. Power: not trust.

83. General construction.

84. Contingent legacy.

85.

Mistaken description. Election.

86. Time for payment of legacy after a contingent event not affected by revocation for the purpose of adding another eventual period, which elapsed first.

87. Condition not extended beyond the expression.

88.

Effect given to all the Will.

89. Codicil part of the Will.

90. General construction.

91. General construction.

Vesting.

92. General charge not annulled by power to sell part: but that applied first.

93. Of personal estate: Whether absolute or for life; general or specific, and exempt from debts.

94. After charge on real estate in aid personal exempted by unattested Codicil.

95. General construction.

96. Copyhold not surrendered, as recited, did not pass. 97. Election.

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