the former gift, and not on behalf of the objects of the latter, either as against the former devisees or the testator's heir. The truth is, that these copyholds passed by the first instrument; and I am bound in law to hold, whatever may be my own opinion of the singular result of the decided cases, that the second will simply operated on that property upon which it affected to operate, and not upon the copyholds which passed by the former will. 1854. FREEMAN V. FREEMAN. Judgment. POWYS v. BLAGRAVE. JOHN BLAGRAVE by his will bequeathed to his wife Anne Blagrave one undivided moiety of certain leasehold hereditaments absolutely, and also gave her for life (subject to the provisoes thereinafter mentioned), his mansion house, park, and appurtenances at Calcot, desiring her to dwell there; and immediately after her ceasing to inhabit and dwell therein, the said house and park to go to his trustees thereinafter named and their heirs, in the same manner as they would go in case his said wife was dead. And he gave and devised to John Blagrave and John Simeon, their heirs, executors, and administrators, all and every his freehold and leasehold messuages or tenements, lands, tithes, and hereditaments at Reading, and also all other his real estate whatsoever and whercsoever, in trust, to pay certain annuities and debts as therein mentioned; and from and after payment thereof, then in Feb. 21st, 22nd, 24th, & 25th; March 24th. Tenant for sive Waste. Courts of equity have no means of interfering in cases of permissive waste by a tenant for life of real property. There is no implied trust to keep the property in repair imposed upon life under a tenant for will; for, if there were, he could not convey away his life estate without committing a breach of trust, nor, if he did, would he get rid of the trust by so doing. A trustee, to whom real property is devised in trust for one for life, cannot interfere with the possession of the equitable tenant for life, because he neglects to keep the property in repair; but if the tenant for life is committing active waste, it seems that the trustee may, and probably ought, to interfere, at least if the persons entitled in remainder are under disability. Therefore, such a trustee is not liable to the remainderman for the neglect of the tenant for life to repair. 1854. Powys v. BLAGRAVE. Statement. trust to pay the rents of all his said freehold and leasehold estates unto the said John Blagrave during his life, to his own use; and from and after his decease, then to stand seised of the testator's real estate, to the use of John Blagrave the younger, eldest son of the said John Blagrave, during his life, with remainder to trustees to preserve contingent remainders, with remainder to his first and other sons successively in tail male; with remainder to Thomas Blagrave, second son of the testator's niece Frances Blagrave, for life, with remainder to trustees to preserve contingent remainders, with remainder to his sons successively in tail male, with remainder to Anthony Blagrave for life, with remainder to trustees to preserve contingent remainders, with remainder to his sons successively in tail male, with divers remainders over. And the will contained the following provisoes: "Provided always, and my will is, that, from and after payment of everything charged on my real and personal estates, the said John Blagrave and the said John Simeon, their executors and administrators, shall stand possessed of my undivided moiety of the said leasehold messuages, lands, tithes, and estates in Reading aforesaid, in trust, out of the rents and profits thereof, to keep such parts thereof as I let at rack rents in good repair; and from time to time to pay the overplus thereof to such and the same person and persons as shall from time to time be entitled to the rents and profits of my real estates. Provided always, and my will is, that it shall not be lawful for my said trustees, or any other person or persons who shall be in possession of my several estates, under and by virtue of this my will, to cut any oak timber from off any part of my estates, not even for repairs, but that the person or persons who shall from time to time be in possession of my said estates, or entitled to the rents and profits thereof, shall purchase scantle oak timber for such repairs as oak will be wanting." The testator died in 1787. His widow was also now dead. John Blagrave, the trustee, survived his co-trustee, and died in 1827, leaving his said son John Blagrave the younger, his heir-at-law, who thereupon entered into possession of the said devised estates as tenant for life thereof. John Blagrave the younger had no issue. The said Thomas Blagrave was dead without issue, but the said Anthony Blagrave was living, and had a son named John Henry Blagrave, who was the first tenant in tail under the will. By decrees in two other suits concerning these estates, which came on together on the 28th of April, 1847, Lord Justice Knight Bruce, then Vice-Chancellor, granted an injunction to restrain cutting timber and other waste by the said John Blagrave the younger on the said estates; and one of the questions in those suits being the duration of the trusteeship under the will, his Honour directed a case to be sent to the Court of Exchequer, to inquire of what estate the said John Blagrave, (who was the heir of the surviving trustee, as well as tenant for life as aforesaid,) was seised in the freehold hereditaments under the will. The case will be found reported on these points in 1 De G. & S. 252, and 4 Exch. 550, where the will of the testator is stated at length; and from the latter report it appears that the question sent to the Exchequer was answered by a certificate, that the said John Blagrave the younger was seised in fee simple of the said hereditaments. By an order in the said suits, dated the 13th of January, 1851, Henry Phillip Powys and Cecil Monro were appointed trustees of the said will jointly with the said John Blagrave the younger, and the said hereditaments were vested in the three for an estate in fee simple in joint 1854. Powys บ. BLAGRAVE. Statement. 1854. Powys v. BLAGRAVE. Statement. tenancy upon the trusts of the will. The said Henry Phillip Powys and Cecil Monro now filed the bill in this suit against the said John Blagrave the younger, Anthony Blagrave, and John Henry Blagrave and others, as Defendants, stating the above facts, and stating as follows:— "Since they were appointed such co-trustees as aforesaid, the Plaintiffs have ascertained, and the fact is, that the said estates have been allowed to fall and are very much out of repair, and that the dilapidations thereon are daily increasing; and the Defendants, the said Anthony Blagrave and John Henry Blagrave, as the persons entitled in remainder to the estates, insist, that, under the trusts of the said will, the Plaintiffs and the said Defendant John Blagrave (as such trustees as aforesaid) are bound to put and keep the said estates in repair, and have called upon and required, and are still calling upon and requiring, the Plaintiffs accordingly to put the same estates or cause the same to be put into, and to keep or cause the same to be kept in, a proper state of repair; and the Plaintiffs have made or caused to be made repeated applications to the said defendant John Blagrave the younger (who is so as aforesaid in possession or receipt of the rents and profits thereof,) to comply with such requisition; but he declines so to do, insisting that he is under no obligation to comply therewith, and that the Plaintiffs have no right to interfere, inasmuch as he contends that the trusts contained in the said will to keep the said estates in repair ceased upon the death of the said John Blagrave the elder, and that he the said Defendant John Blagrave the younger is under no liability whatever in reference to keeping the same estates in repair except as tenant for life thereof. Whereas the Defendants Anthony Blagrave and John Henry Blagrave, as such remaindermen as aforesaid, insist that the said trust for repairs is a subsisting trust, which ought to be performed, and that, in case of nonperformance thereof, the Plaintiffs will be liable as for a breach of trust.” And the bill prayed, among other things, that the trusts of the will might be carried into effect; and that it might be declared whether the said trust for keeping the said estates in repair was or not a subsisting trust, and for a receiver of the rents, and an injunction to restrain the tenant for life from receiving the rents and profits of the said estates, or interfering or intermeddling therewith or in the management thereof. 1854. Powys v. BLAGRAVE. Statement. Mr. Chandless, Q. C., and Mr. Surrage, for the Plaintiffs. Mr. Craig, Q. C., and Mr. Wickens, for the tenant for life. Mr. Rolt, Q. C., and Mr. Harrison, for the parties entitled in remainder. Argument. VICE-CHANCELLOR SIR W. PAGE WOOD, after deciding Judgment. that the trust for repairing created by the will determined on the death of the first tenant for life, continued: One of the points in this case is with reference to the duty, alleged to be imposed by the law of this Court upon the tenant for life, of himself keeping the premises in repair, which, it is urged, the Court should now enforce. That can only apply to the repairs which may become necessary during the tenancy of the present tenant for life. If the theory, that the Court has any such power, be correct, the duty of the tenant for life can only be commensurate with the period of his occupation. I apprehend, however, that with certain excepted cases it is the settled doctrine of this Court, that there are no means of interfering with permissive waste. In the case of Lord |