case Glubb and mundy against the attorneygeneral and other at the roll that  may rector of a parish by will give two sum of money to be lie out in building  a parson age house not within the statute of mortmain l lib Reg a foe nom  Glubb v Mundy attorneygeneral and other Thomas Mundy late rector of Bickton in  Devonshire by his will give two sum of pound and pound to trustee in trust to  be lie out in building a parsonage house on the glebe of Bickton bill by the  rector to have the money lie out Q whether a void devise within the statute of  mortmain sir Thomas clarke master of the roll it be not within the word nor  meaning of the statute the statute be intend to prevent new acquisition in  mortmain erect a building be not to be consider as such suppose the testator  have not make such devise he may have be sue for dilapidation and the money  recover will have be lie out upon the building this be nothing more decree the  money to be lie out attorneygeneral v bowl atk Ves that July be cite at the  bar on the part of the charity where a distinction be make between money  devise to be lie out in building a schoolhouse and in buy land Q the justness  of the distinction V attorneygeneral v Tyndal Amb in chancery that march where  Lord Henley deny the distinction and the authority of the attorneygeneral v  bowl Amb and also see attorneygeneral v Downing where Lord Northington qualify  what he have say in the attorneygeneral v Tyndal Thomas Mundy have be for many  year incumbent of the parsonage and church of Rickton in Dorsetshire and have  suffer the mansion or parsonage house to run great into decay so as not to be  capable of be repair by his will do give and bequeathe to defendant Matthew  Mundy the elder and Matthew Mundy the young pound in trust and in order to be  by they lie out for the benefit of his successor in the say rectory in  building a new parsonage house on the glebe of the say rectory together with  barn and other out building belong thereto so far as the say pound will go and  direct that the say pound shall be lie out in building the same within  eighteen month after his decease or so much soon as convenient may be and give  and bequeathe pound more to be lie out in building on the parsonage of the  rectory as aforesaid beside the pound already give for the same purpose the  decree direct the money with interest thereon at per cent to be compute from  the end of twelve month from the death of the say testator to be lie out a  bequest of money to be apply simple in the melioration of land already in  mortmain or for building upon they be valid Harris v barn post brodie v duke  of chandos bro c c note attorneygeneral v bishop of Chester bro c  attorneygeneral v parson Ves attorneygeneral v Mumby mere it be hold by Lord  Hardwicke in the case of attorneygeneral v bowl Ves that a bequest of money to  be lie out in building or erect a chapel or school be good if a piece of  ground already in mortmain can be obtain for that purpose see Vaughan v Farrer  Ves but it be now settle by subsequent case that in order to make the bequest  valid the testator must point out or ascertain some land ambler er p already  in mortmain upon which the building be to be erect Pelham v Anderson Eden S Q  bro c c in note attorneygeneral v hide post attorneygeneral v Nash bro c c foy  v foy Cox c c chapman v brown Ves see attorneygeneral v parson Ves  attorneygeneral v Davies Ves and see attorneygeneral v Tyndall post Blandford  v Hackesell Ves jun and Corbin v French Ves attorneygeneral v Harwood Ves sen  see attorneygeneral v hinxman James walk see also Hensman v Atkinson mad