1884.] LEGAL. 157 



EGAL. 



DECISION INTEEESTING TO ESTATE MANAGERS 



CHANCERY DIVISION.— Oct. 30. 



(Before Mr. Jiusticc Pe;irsoii.) 

 In re Ainslie — Swixburn c. Ainslie. 



THIS case was a summons to determine some curious and 

 unusual points as to the effect, as between successive owners 

 of real estate covered with larch plantations, of an extraordinary 

 upi'ooting of trees which took place during the gales of December 

 and January last. The difficulty in this case arose in consequence 

 of the death of Mr. Alontague Ainslie on February 1, at a time 

 when an enormous number of the trees on the larch plantations on 

 his two estates of Grizedale and Slattentwiste were lying more or 

 less uprooted in consecj^uence of the storms that had taken place 

 during the two previous months. The estates join one another and 

 occupy the whole of the Grizedale Valley, between the Lakes 

 of Coniston and Windermere. The question lay between those 

 entitled in settlement under his will to his real property and the 

 children of his second marriage, who were his residuary legatees, 

 and was whether the trees in their present condition were part of 

 the freehold or were to be considered as personal property in the 

 same way as if they had actually been severed by being felled by 

 the order of the testator himself during his lifetime. The larger 

 part of the estates, which comprise together 2700 acres, consists of 

 these larch plantations, and the question was one of great importance 

 l)ecuniarily. It appeared that without taking into account trees of 

 innnature growth, some 2000 trees on the two estates had been 

 blown down, the value of whicli was estimated at about £3500, 

 and that the smaller trees were also worth a considerable sum. Tlie 

 evidence of surveyors showed that when larch trees, which have no 

 tap root, are blown over, the connection with the ground by their 

 roots is more or less retained, and they continue to live with more 

 or less vigour of growth for one, two, three, or more years, according 

 to how nmch root would be left in the ground, and the nature of 

 the ground, while some trees would be thrown over only to such an 

 extent that it would not be necessary to remove them for their own 

 sakes ; but it would be right, with a view to the proper cultivation 

 of the plantation, and encouraging the growth of the other trees. 



