case bay versus bird Lord chancellor king Eq can ab pl a seize in fee of land  demise the premise to trustee b c and d for year in trust to pay debt and for  a charity b one of the trustee be in possession and as a receiver appoint by  the court cut down pound worth of timber d one of the other trustee consent b  the trustee for the charity or as receiver ought not to take advantage of his  have possession without which he can not cut down the timber yet the timber  must be value accord to what it will be worth at the end of the term of year  Mr zouch late of Odiham in the county of haunt decease by deed of settlement  in create a term of year in the manor of Odiham and the waste and peer William  er p commons there in trustee the defendant field Jervoise and Redyard in  trust to pay debt and for a charity upon which premise there be a great  quantity of timber grow and the term be not without impeachment of waste upon  zouch death the reversion descend to his heir who sell the reversion and  inheritance to field one of the trustee of the term who be also appoint  receiver of the estate by the court field cut down from the waste and commons  of the premise above pound worth of timber but leave sufficient for repair and  boat for the tenant peer William the question be whether the defendant field  shall make any and what satisfaction to the trust for the timber which he have  cut down Obj for the charity though the timber be part of the inheritance and  field be owner of the inheritance yet if he have not be a trustee of the term  nor receiver of the estate he can not have justify enter upon the premise  during the term to cut down any timber and it be compare to a copyhold where  though the right to the timber be in the lord yet can the lord enter to cut it  down and though the timber if blow down will belong to the lord or to the  owner of the inheritance yet this will be the act of God but the lord or  reversioner can by his own act entitle himself to the timber which in the  present case ought to be estimate accord to the rate and value it will yield  at the end of the term of year at which time if stand it will however be decay  and rot and of little value and though the defendant field be a trustee he  ought not to make use of that possession to the prejudice of the trust much  less make a ill use of the possession he have as receiver that be to be look  upon as the hand of the court and therefore the court ought to make he pay as  much as it will have be worth his while to have give the other trustee for  their leave if it have be ask for the cut down this timber which ought it be  say to be half and that it will be very well worth the defendant field while  to give half for such licence in regard whatever he get thereby be clear gain  and the termors have a special property in the tree as to the mast and shade  vide Bewick v Whitfleld post vol peer William upon this it be prove by field  that Redyard another of the trustee give he leave to cut down the timber and  as to the termors property of the mast and shade it will hardly satisfy the  charity to have a issue to try the value of the mast and shade during the term  that during the term and before the end thereof it be likely by some tempest  or accident the tree may be blow down and then field will be entitle thereto  also that this be a common or waste and not enclosure the jury will give but  little damage for the lessors enter upon the land and cut the timber Lord  chancellor it be plain that field as the purchaser of the reversion can not  enter upon the premise to cut down the timber and as to Redyard the cotrustee  be assent to the cut down of the timber it be a breach of trust in he of which  the defendant field ought not to take any advantage so that something ought to  be pay to the charity or trust for their leave and on his lordship propose  pound both party agree thereto and so the matter be compromise another point  arise in this case which be that the say Mr zouch by his deed in grant his  hundred and manor of Odiham in Hampshire and his manor of Woking in Surre and  all his manor land and premise in Odiham and Woking aforesaid whereupon the  question be whether the grantors manor of Hartlerow which be within the  hundred of Odiham but not within the manor of Odiham or Woking shall pass by  this deed and after debate peer William Lord chancellor a hundred be only a  franchise consist of a court call the hundred court and probable have the  return of writ and by such grant the franchise passes but not all the testator  land within that franchise see atkins v Clare vent wherefore by the word  hundred the manor of Hartlerow not be name in the grant do not pass and the  rather in regard I hear it say and offer to be make out that the manor of  Hartlerow and the hundred and manor of Odiham come to Mr zouch family by  different purchase and at different time but where Mr zouch grant his hundred  and manor of Odiham and his manor of Woking and all his manor land and  tenement in Odiham and Woking aforesaid the word Odiham aforesaid must have  reference to and intend the hundred of Odiham peer William er p especial as  the grant be of all the grantors manor and land in Odiham aforesaid so that  though there may be a manor within a manor yet it be not likely that Hartlerow  manor shall be a manor within the manor of Odiham nor be it pretend so to be  neither do it appear that Odiham be mention as a will in the deed but only as  a hundred and manor but it be observe that Woking be name as well as Odiham  whereas Woking can not be intend as a hundred but rather as a will and so must  Odiham when couple together Lord chancellor then let this be try in a feign  issue at the next assize for haunt whether comprise or not comprise within  this grant of and let Mr field be defendant and the rest of the trustee  plaintiff and let the deed be admit to have be execute by zouch and that zouch  be at that time seize of land in Hartlerow it seem from Reg lib a fol that on  hear a exception to the master report as to certain allowance make to field  for repair do to the trust estate amount to between pound and pound and the  special matter of the report respect the cut the timber come on to be hear at  the same time field offer to allow the sum of pound for the timber whereupon  the exception be allow as to the sum of pound and overrule as to the rest but  a appeal from this order as well as the other order report above be bring in  the house of lord which come on to be hear the that of Feb by the name of  Jervoise v field when the sum of pound S be order to be pay by field to the  charity as a satisfaction for gut down the timber which sum of pound S  together with the pound before allow be exact half the clear money for which  the timber be sell print case in dom proc peer William de term S HILLARII