ASHMOND versus ranger pasch W case W lessee for year of a copyholder S widow  hold in of her widow S estate accord to the custom bring trespass against the  lord for cut and carry away several timbertrees upon the copyhold land several  question be move saint whether the lord can enter upon the copyholder and cut  tree for his own use dly if he can not what remedy the tenant have whether  trespass or case or both dly whether in case the lord can cut whether the  tenant may or if the tenant can justify cut whether by cut be forfeit his  estate and it be say at the bar that a copyholder may cut for necessary repair  and estovers and not otherwise therefore the lord may cut they or else it will  follow that here will be a noble wood and no body have right to cut it and so  it will be useless to the public and never to be cut in case of copyholder in  fee holt CJ this be by lessee for year will not alter the case because he be  lessee of a copyholder and no one to be able plus law in all transferee how  ipse to have but as to the main point if the lord cut down so many tree as not  to leave sufficient holt KB er p estovers c the copyholder shall have trespass  and the value of the tree in damage but if be leave sufficient estovers then  he shall have trespass too but shall only recover special damage videlicet for  the loss of his umbrage c break his close tread his grass c and the tenant  have the same customary or possessory interest in the tree that he have in the  land and if the lord have a mind to cut tree his business be to compound with  the tenant cro that tenant may lop under bough and cut for repair and boat and  cro be not law as appear by Heiden and smith S case   if bird build nest in  the tree the egg be the tenant which show that he have the possessory interest  in the tree though his estate be but for year and whether the lord may cut  tree leave sufficient estovers be very gentle tread on in Heiden and holt KB  smith S case but no copyholder can commit waste without a special custom but  all copyholder have estovers of common right if a man grant all his estovers  and cut down the wood or do any other ac whereby the grantee lose the benefit  of the grant case will lie and so Yelv and GoIdsborough et jud pro quer