Marquis of Lansdowne and Others v Marchioness Dowager of Lansdowne
| Jurisdiction | England & Wales |
| Judgment Date | 17 November 1815 |
| Date | 17 November 1815 |
| Court | High Court of Chancery |
English Reports Citation: 56 E.R. 44
COURT OF THE VICE-CHANCELLOR OF ENGLAND
S. C. on hearing, 1 Jac. & W. 522; 37 E. R. 467. See Powys v. Blagrave, 1854, Kay, 500; Sawyer v. Goodwin, 1867, 36 L. J. Ch. 582; Peek v. Gurney, 1873, L. R. 6 H. L. 393; Phillips v. Homfray, 1883, 24 Ch. D. 464. Cf. Jones v. Simes, 1890, 43 Ch. D. 607.
[116] marquis of lansdowne and others v. marchioness dowager of lansdowne. Nov. 1, 17, 1815. [S. C. on hearing, 1 Jac. & W. 522 ; 37 E. R. 467. See Poimjs v. Blagrave, 1854, Kay, 500; Sawyer v. Good-win, 1867, 36 L. J. Ch. 582; Peek v. Ghirney, 1873, L. R. 6 H. L. 393; Phillips v. Horn/ray, 1883, 24 Ch. D. 464. Cf. Jones v. Simes, 1890, 43 Ch. D. 607.] Demurrer to a bill against representative of deceased tenant for life for an account of equitable waste committed by him, and for relief, overruled. By indentures of lease and release and appointment, dated respectively the 16th and 17th days of May 1794, the release and appointment being made between William then Marquis of Lansdowiie, of the first part; the Right Honourable John Henry Petty, since Marquis of Lansdowne, then commonly called Earl of Wycombe, the eldest son and heir apparent of said William Marquis of Lansdowne, of the second part; John Cross, gentleman, of the third part; John Eardley Wilmot, Esquire, and Sir Francis Baring, Bart., of the fourth part; and the Right Honourable Henry 1MADD. 117. MARCHIONESS DOWAGER OF LANSDOWNE 45 Richard Lord Holland and Benjamin Vaughan, [117] Esquire, of the fifth part; It was witnessed, that in pursuance of the several agreements therein recited, and for other the considerations therein mentioned, he, said William, then Marquis of Lansdowne, with the consent of said John Henry late Marquis of Lansdowne, did grant, &c., unto the said John Wilmot and Sir Francis Baring, the.ir heirs and assigns, divers manors, &c., therein particularly described; and all that capital messuage or mansion-house, called Lansdowne House, and other lands therein particularly described: and also all that the manor, park, or late park, called or known by the name of Bowood Park, and the ground and soil thereof, and the capital messuage or mansion-house thereon erected and built, and the buildings thereto belonging: and also divers other manors, messuages, farms, lands, tenements, and hereditaments, situate, &c., in the county of Wilts, therein particularly mentioned and described, with the rights, privileges, &c., to have and to hold said manors, messuages, farms, lands, tenements and hereditaments, &c., unto said John Wilmot and Sir Francis Baring, their heirs aud assigns, subject as to certain parts of the said hereditaments respectively comprised in certain mortgages therein mentioned, to the mortgages affecting the same, to the uses, upon the trusts, and to and for the intents and purposes therein and after mentioned (that is to say), to the use of said Henry Richard Lord Holland, and Benjamin Vaughan, their executors, administrators, and assigns, for and during and unto the full end and term of five hundred years, to commence and be computed from the day next before the day of the date of said indenture of release of the 17th of May 1794, and thence next ensuing and fully to be complete and ended, without impeach-[118]-ment of or for any manner of waste, upon the trusts, and for the intents and purposes thereinafter mentioned, declared, or expressed concerning the same, and from and after the end, expiration, or sooner determination of said term of five hundred years; and in the meantime subject thereto and to the trusts thereof, to the use of said William Marquis of Lansdowne, and his assigns, for and during the term of his natural life, but subject to impeachment for waste, except as therein mentioned ; with remainder to the use of the said John Wilmot and Sir Francis Baring, and their heirs, for and during the life of said William Marquis of Lansdowne, upon trust, to preserve the contingent remainders, but to permit and suffer said William Marquis of Lansdowne, and his assigns, to have, receive, and take the rents, issues, and profits, to his and their own use during his life; and from and after his decease, to the use of said John Henry late Marquis of Lansdowne, and his assigns, for and during thejterm of his natural life, without impeachment of waste, with remainder to the use of said John Wilmot and Sir Francis Baring, and their heirs, for and during the natural life of said John Henry late Marquis of Lansdowne, upon trust, to preserve the contingent remainders from being defeated or destroyed, but to permit and suffer said John Henry late Marquis of Lansdowne, and his assigns, to receive and take the rents, issues, and profits to his and their own use, during the term of his life, and from and immediately after the decease of said John Henry late Marquis of Lansdowne, to the use of said Henry Richard Lord Holland, and Benjamin Vaughan, their executors, administrators, and assigns, for and during the full end and term of eight hundred years, to commence and be computed from the decease of the [119] survivor of them said William Marquis of Lansdowne, and John Henry late Marquis of Lansdowne, without impeachment of waste, upon the trusts thereinafter mentioned, and subject thereto, to the use of the first and other sons of the body of said John Henry late Marquis of Lansdowne, severally and successively in tail male, and for default of such issue to the use of Plaintiff, Henry Marquis of Lansdowne, and his assigns, for his life, without impeachment of waste; with remainder to the use of said John Wilmot and Sir Francis Baring, and their rents, during the life of Plaintiff, Henry now Marquis of Lausdowne, upon trust, to preserve contingent remainders, but upon trust to permit and suffer Plaintiff, Henry, now Marquis of Lansdowne, and his assigns, to receive and take the rents, issues, and profits for his life, for his and their own use and benefit; and from and immediately after the decease of Henry Marquis of Lansdowne, to the use of the first and other sons of the body of said Henry Marquis of Lansdowne, severally and successively in tail male, with divers remainders over; and the trusts of said terms of five hundred years, and eight hundred years, were declared to be to raise certain sums of money; and there was contained in said 46 MARQUIS OF LANSDOWNE V. 1 MADD. 120. indenture of release and appointment a proviso, empowering the tenant for life in possession of said premises, by virtue of the above-mentioned limitations, in case of the death of said John Wilmot and Sir Francis Baring, or either of them, on resigna-nation of said trusts by them, or either of them, to appoint other trustees, or another trustee in lieu of them, or of either of them. William Marquis of Lansdowne died the 7th of [120] May 1805, and thereupon said John Henry Marquia of Lansdowne came into possession, or into the receipts of the rents and profits of the aforesaid hereditaments, by virtue of the limitations aforesaid; and he continued in such possession or receipt during his life : and said John Henry Marquis of Lansdowne, at different times since the death of his said late father, that is to say, during the winter of the years 1805, 1806, 1807, and! 1808, cut down, or caused to be cut down, large quantities of timber trees, and other ornamental trees, standing and growing near said capital mansion-house at Bowood ; and he also cut down divers young trees and saplings, which had been planted before the death of said William late Marquis of Lansdowne, and were growing for timber upon the lands of which said John Henry Marquis of Lansdowne was tenant for life, as aforesaid ; and he sold and disposed of a large part thereof for large sums of money; and same were received by him, or by his orders, or for his use; and particularly ho cut down, or caused to be cut down, after the death of said William Marquis of Lansdowne, a large avenue of elm and ash trees, leading towards and up to said mansion-house at Bowood, on the north-east front thereof, and all the trees on the pleasure-ground and lawn thereto belonging; and he also, since the death of said William late Marquis of Lansdowne, cut down, and caused to be cut down, divers oak, ash, and other tellers and saplings, standing and growing upon other parts of said premises, of which he was tenant for life as aforesaid; and same were standing and growing for timber; and same were in a thriving and improving condition ; and they would have been good timber trees if they had been permitted to stand and grow ; but same were [121] so small as not to be measured as timber according to the usage of timber-merchants, and same were not fit to be cut down. In consequence of such waste, said John Eardley Wilmot and Sir Francis...
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