## Facts

- A family settlement concerning Raby Castle granted Lord Barnard a life interest and gave his son, Vane, a life estate “without impeachment of waste,” with remainders to Vane’s issue.
- After a dispute with his son, Lord Barnard caused extensive destruction to the castle by employing about 200 workmen over a few days.
- The workers stripped the castle of lead, iron, glass, doors, boards, and other materials, reportedly worth about £3,000.
- Vane sued in Chancery seeking (1) an injunction to stop further destruction and (2) relief requiring restoration or repair.
- An interlocutory injunction issued, and the case proceeded to a final hearing.

## Issues

1. Whether equity may restrain and remedy “equitable waste” committed by a life tenant who is protected at law by “without impeachment of waste” language.
2. Whether “without impeachment of waste” bars relief even for extreme, wanton, or malicious destruction that substantially impairs the inheritance.

## Decision

- The Court of Chancery held that equity will restrain and remedy equitable waste notwithstanding legal immunity for waste.
- Lord Barnard’s dismantling of the castle was equitable waste.
- The court continued the injunction against further destruction.
- The court ordered Lord Barnard to repair or restore the damage already done.

## Legal Principles

- “Without impeachment of waste” prevents ordinary legal actions for waste but does not authorize wanton, malicious, or extravagant destruction that defeats the purpose of the settlement and injures future interests.
- Equity protects remaindermen and the inheritance by intervening where legal remedies are unavailable or inadequate due to the tenant’s legal immunity.
- Equitable remedies may include both prohibitory injunctions to prevent further injury and mandatory orders requiring restoration when feasible.

## Conclusion

The court treated the stripping and dismantling of a settled family seat as equitable waste and granted both injunctive and restorative relief, establishing that legal immunity from waste does not extend to destructive acts that substantially impair the inheritance and the rights of those in remainder.


Vane v. Lord Barnard, 2 Vern. 738, 23 Eng. Rep. 1082 (Ch. 1716)