120 ORNAMENTAL TIMBER. 



tlie mansion at Taverhum Hall, as well as a power of sale and exchange, 

 sufficient to deprive the timber upon the estate of its ornamental 

 character. This ex 2Mrtc injunction was, however^ dissolved by the 

 Lords Justices, who held that timber to be ornamental, so as to entitle 

 it to the protection of the Court against equitable waste, must be con- 

 nected with or adjacent to a residence. Beeston had been wholly dis- 

 mantled; the wire fence protecting the ornamental garden had been 

 removed to Taverham ; the gardens and pleasure-grounds were suffered 

 to grow wild, with the exception of the kitchen-garden, which was let 

 to a market-gardener; and the testator, who was fond of shooting, 

 seemed, after his removal, to have regarded the whole estate merely as 

 a preserve for game. 



Where the owner of an estate with residence purchases the adjoining 

 lands with ornamental /roods, the Court Avill not, from that fact alone, 

 infer that he intended to be left standing for ornament all such trees as 

 he did not in his lifetime cut down ; there must be some act of dedica- 

 tion, e.ff. planting an avenue, cutting a vista, erecting obelisks, &c.; 

 per Sir W. P. Wood Y.C. {HalUiveJl v. Phillips). A tree or trees may 

 be highly ornamental, and yet not be entitled to the protection of the 

 Court, as being planted or left standing for ornament ; but saplings 

 and hedgerow trees, or any trees, however ornamental, if planted also 

 for profit, are not within tlie doctrine {ib.). A tenant for life sans waste 

 will not be interfered with in the exercise of his legal powers, unless he 

 is proceeding to use those legal powers in a manner inequitable towards 

 those in remainder ; and therefore he may fell and sell trees planted for 

 ornament if done in a proper course of husbandry (//>.), and an injunc- 

 tion restraining a tenant for life, without impeachment of waste, from 

 cutting timber growing for ornament or shelter, extends to clumps of 

 furze on a common two miles from the house which had been planted 

 for ornament {Marquis of Doiun shire v. Lady Sandys, 6 Ves, 107). 



"Where an estate was limited to one for life, with a clause of forfeiture 

 and a oift over on his cutting timber, and there was on it timber, and 

 other trees, not being in any rookery, or serving for ornament, shelter, 

 or protection to a mansion house, which required feMig , Lord Lanydale 

 M.Pt., on a bill filed for that purpose by the tenant for life, authorized 

 the same to be cut down, and directed a reference to the Master for the 

 purpose, the money arising from the timber in such case to be settled 

 on trusts similar to those on which the estate stood limited {Peters v. 

 Blake). And see DeJapole v. Detapolc, Hussey v. Hussey, and Wirkham 

 V. WicJcham. "Where an estate was devised to A. for life, impeachable 

 for waste, remainder to B. for life without impeachment of waste, with 

 remainder to C. in fee, and it became necessary in A.'s lifetime to cut 



