case attorneygeneral versus SYDERFEN refer to in re white white v white Ch of  purifying in court Lord keeper Eq can ab pl S c devise of pound for such  charity as testator have by write appoint and no such write be to be find the  king appoint the charity and the same be decree accord Mr Syderfen the  defendant brother have by his will among other thing charge a manor in the  west of England with the raise pound out of the profit to be apply to such  charitable use as he have by write under his hand former direct and no such  write be to be find and the defendant his brother and heir at law be in  possession of the estate the bill be bring in the name of the attorneygeneral  at the relation of the governor of Christ hospital set forth the will and that  no such write as be mention therein be now to be find and that therefore the  application of this charity be in the king and charge that the testator in his  lifetime have frequent express his good intention towards this hospital and  that Vernon chancery case the king be inform that there be no such write to be  find as aforesaid have be gracious please to declare his will and pleasure to  be that this money shall be lie out for the benefit of the mathematical boy  which be of his own foundation in Christ hospital and it be therefore pray  that the same may be so apply the defendant by answer confess the will but  that the write therein refer unto be not to be find and that he believe if any  such write be at any time make by the testator it be afterward by he revoke  and cancel for that subsequent to the make of this will he have charge several  great sum of money upon his land and that the whole estate will scarce amount  to answer all the charge thereon and the heir will be disinherit and leave  without any provision Lord keeper it be no question but the charity be now  general and indefinite this write not be to be find the application of this  money be now in the king and his majesty have declare his pleasure to have it  dispose for the benefit of the mathematical boy of his foundation in Christ  hospital he think it can not be better lie out and though by the will it be  direct to be raise out of the profit yet it be a gross sum he think it will  carry interest to the time it shall be pay and raise out of the profit and  forasmuch as by the will it be intend to be a permanent charity he refer it to  a master who by the approbation of Mr attorneygeneral shall see it lie out in  land for the benefit of the say mathematical boy and decree the same accord  and cite the case of friar versus peacock in this court where friar the  testator have give several particular charity by his will and devise the  surplus for the good of poor people for ever and a bill be bring that the  surplus which be devise indefinite may be apply for the benefit of Christ  hospital by the king direction it be so decree although there be poor kindred  of the testator who insist Vernon chancery case they be within the equity of  that general devise to a charity a devise of a particular sum in these word to  the near and poor of my relation and the devise be hold void for person that  be to take by a will shall be describe with certainty by have the devise be to  the near of lie relation for there the person may easy have be know per comens  Ch baron in the exchequer hazel v Rumney Trin vacation a man devise his  personal estate to the use of his relation and the poor and most necessitous  of his relation without specify any in particular and it be decree to be  distribute accord to the stat of distribution which be the best measure for  set bind to such general word roach v Hammond Prec in Chan anon p wms and case  cite in note there but where a residue be give in trust for such of testator  relation as a shall judge proper it be not confine to the next of kin Bennet v  honeywood Amb one devise pound apiece to each of his relation of his father  and mother side and give the surplus of his personal estate to a and make b  executor the court will not restrain the devise to relation within the stat of  distribution Jones v beal post vol see also Macleroth v Bacon Ves Cruwys v  Coleman Ves smith v Campbell Ves coop anon mad do v over taunt note in this  case the defendant by the decree be to be indemnified against the write refer  unto in the bill in case it shall be afterward find Reg lib a fol vide  attorneygeneral v Downing Amb attorneygeneral v Andrew Ves attorneygeneral v  bowyer ibidem attorneygeneral v bishop of Chester bro Ch Rep Moggridge v  Thackwell bro Ch Rep Ves jun on rehear Ves where in note a p there be a report  of the principal case from the register book and where the case and learning  on this subject be full discuss mill v farmer mere Ommaney v butcher turner  Pieschel v parish S S Vernon chancery case er p