158 LEGAL. [Dec. 



and the prevention of undue injury to the herbage, to remove thena. 

 It also appeared that, in consequence of the havoc that had taken 

 place among the trees, the ordinary income of the estates, derived 

 from the usual thinning of the smaller trees and cutting of a proper 

 proportion of the larger ones, would lie greatly diminished, if not 

 lost, for several years, and that a large immediate outlay ought 

 to he ineuiTed in planting if the plantations were to be properly 

 kept up. 



Mr. Cookson and Mr. Eibton for the executors, representing the 

 persons entitled to the personalty, argued that the trees which it 

 was necessary to remove had been practically severed from the 

 land, and were so in the eye of the law, and were the personal 

 property of the testator. 



]Mr. Cozens Hardy, Q.C., and JMr. I'aule for the first tenant for 

 life under the will, and Mr. Wolstenholme for the tenant in tail in 

 remainder, on the other hand, contended that until actual severance 

 had taken place, the trees were part of the estate and belonged to 

 the devisees. No authority in point could be adduced by either 

 side. 



Mr. Justice Pearson considered that such trees as could only live 

 for a few years without any profitable growth, or coidd not live as 

 ordinary growing trees, were in the same position as if they had 

 been felled and were personal estate ; but that such trees as would 

 only have to be removed, for the benefit of the other trees and the 

 pasture belonged to the inheritance ; and it was arranged that it 

 should be referred to Mr. Jones, a surveyor, who had given evidence 

 as a special referee, to report to the Court what proportion of the 

 trees were so blown down that they could not as such trees 

 ordinarily grow, that the trees should be sold and the residuary 

 legatees take a part of the purchase-money proportionate to the 

 number of trees so blown down, and that the rest of the purchase- 

 money should go to the tenant for life. 



Must Estate Plantations be maintained ? — According to a 

 recent decision in the Englisli Law Courts, such plantations must 

 be kept up, though blown down on estates under trustees. During 

 the winter of 1883 and 1884, the greater portion of about 170 

 acres of larch planted on the estate of High Dale Park, in the parisli 

 of Hawkshead, in Lancashire, was blown down, the annual income 

 from which had previously amounted to from £400 to £500 a year, 

 while the value of the trees blown down amoimted to £4500, and 

 it would probably be advisable to cut down £1500 worth of trees 

 damaged by the gale. The question before the Court was whether 

 the tenant for life should receive the whole of both the £4500 and 



