Would help to get a little closer but my initial thought is that its Schinus terebinthifolius - "Brazilian Pepper Tree" which sometimes get spread by birds not deliberately planted. If I am correct then I'd be reaching for the chain-saw and the tree poison. It's a weed in warm parts of Australia Here is a link that might be useful: broad leafed pepper tree?

Well, i know that they get enough water from rain and the sprinklers. I could call the city forester when i get the chance on Tuesday and see if he knows, but if you know some other position or office that can give more help, i'd like suggestions. They get partial sunlight (shaded by a large black olive tree), adequate water, decent but sandy soil, and protection from wind. These are all conditions they need to live well. BTW, the one with the scratches was 75 dollars (15 gallon) and the two others were 25 each (7 gal), from a tree farm in Boca Raton. They are all the same size now since i bought them in June (the smaller ones are slightly different varieties with pinker flowers). I think they are extremely nice and worth the small price. I really don't want it to die because replacing it is a big hassle.

i agree .... first.. DONT FIX WHATS NOT BROKEN .... until you can ID a threat to its health or your safety .... ignore it .... for example ... if you have a hundred year old oak, OVERHANGING the house .... with the noted crotch formation ... its time to act .... if you have a bush that will never be more than a couple meters ... you can see there will never be a reason to act .... second .... crispii grows slow. ... if you cut out half the tree ..... it will be decades before it fills in .... i would rather spend the next ten years enjoying it as it is, with the SLIGHT risk of future snow damage ... then be irritated by an ugly plant during that time .... if someday it fails... fix it then .... finally, there are two schools in the conifer world ... those who have to have the perfect sheared Xmas tree shape .... and those who think the weirder the better .... which do you want to belong too??? ... neither is wrong ..... bottom line.. just be the tree ... if its not a risk to you .. the family .. or the house [maybe the neighbors also, if you like them.. lol ].... then let them do their own thing .... no need to be retentive about it .... good luck .... ken PS: as an example .... look at this .... should i take off the branch that goes sideways... because the tree is out of some preconceived notion of perfect shape??? .... or do i enjoy it for what it is??? blue wave and bergmans var

There are at least three possibilities, all in the holly family: Ilex ambigua (Carolina Holly), Ilex decidua (Possomhaw), and Ilex montana (Mountain Winterberry) If the trees still have leaves, try to get a good closeup picture of them and the berries and post them here. It will help in identifying it. You might try calling your local cooperative extension office and asking them. Somebody there may be familiar with the specific trees and know what they are. If no answer is forthcoming, wait till spring and get a sample of one and take it to a GOOD full service nursery or to the extension office. That should get an answer for you. Sandy