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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1793. Excerpt: ... (4W. 3*.) So, it (hall not be a breach of trust, if the trustee compound* If the tms- a debt, with the assent of ihecejluyquc trust. R. Ch. R. 58. teeactswith Ssi? (4X.) (Klaste. ,yyV" [ T F a person threatens or insists on his right to commit waste, L X as to open mines reserved, a bill may be brought to restrain him, though no waste actually committed. Gibson v. Snath, P. 1741. 2 Atkyns, 182.] [If tenant for life insists on a right to commit waste, the reversioner may have an injunction. Hid.] Upon an affidavit of waste committed, chancery will grant an injunction to stay the waste. Fide ante, (D. 11.) jSo, if tenant for life, without impeachment of waste, commits voluntary waste, an injunction shall be granted to stay such voluntary waste. 2 Fer. 738. * (The court will not entertain a bill for an account, and satisfaction for waste, (in cutting timber) brought after determination of the tenant's estate by assignment, unless an injunction is prayed. Jesus College v. Bloome, At. 1745. 3 Atkym 262.] *If a power be given by will to tenant for life, to cut trees as four trustees (hall allow and direct ; on the death of all the trustees, the power remains ; but the court will preserve the check, and refer it to a master to see what trees are proper to be cut. Ambler 508* And after a settlement upon his son in marriage, if he commits voluntary waste and destruction, to the prejudice of his son in remainder, he shall make reparation, or recompence for the waste committed. R. 2 V.er. 738. [If A. tenant for 99 years, if he so long live, without waste, except voluntary; remainder to trustees to preserve, £sV. remain' der to first and other sons ; remainder to B. in fee; agrees, before a son born, with B. to whom he is indebted on mortgage, to cut down timber, B. not to take advantage o...
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