case the attorney general versus bowl and other July not follow Giblett v  Hobson hare my king Mather v Scott keen discuss try v corporation of  Gloucester Beav and see case there cite see Edward v hall l I Ch affirm l I Ch  overrule Dunn v Bownas king I question Philpot v governor of saint George  hospital h l c SC Ves W b by will the three of may give pound to t W and I b  on trust to lie out pound in building a schoolhouse c and the remain pound to  be lie out in land or some real security to be a maintenance for the master  the executrix refuse to pay the pound a information bring in the name of the  attorney general to have the trust of the will in respect to this charity  carry into execution what the testator have direct to be do with regard to the  pound be contrary to the statute of mortmain Geo and void but the pound may be  lie out in building a schoolhouse on any land in the village of n though not  in the purchase of land William bowl Esq be possess of a large personal estate  on the d of may make his will and give five hundred pound to be raise out of  his personal estate unto the defendant Thomas wavell and Joseph bowl their  executor and adminis atkins er p trators upon trust that that that shall lie  out part thereof in building a small schoolhouse in the village of newchurch  with a little house adjoin for a schoolmaster and thereby direct that the  purchase of the ground and expense of building shall not exceed two hundred  pound and the remain three hundred pound he direct shall be lie out in land or  some real security to be a maintenance for the master all which he appoint to  be do with the advice of the proprietor of Longbridge and the vicar and  churchwarden of newchurch for the time be or any two of they atkins the  testator die in July and his widow and executrix soon after prove the will but  refuse to pay the five hundred pound to the trustee upon which they bring the  present bill in the name of the attorney general at their relation to have the  trust of the will in respect to this charity carry into execution and that the  executrix m that pay the trustee the five hundred pound with interest to be  apply for the charitable purpose direct by the will the principal question in  the cause be whether the devise of the five hundred pound be within the  statute of mortmain Geo c sect all gift of land c or of any charge affect land  or of any stock or personal estate to be lie out in land c for charitable use  which shall be make in any other manner shall be void Mr attorney general  Murray for the plaintiff insist that the word or real security seem to be set  by the testator in contradistinction to the first part of the will the lie out  the money in the purchase of land and that his intention be to make a  permanent subsist security for the annual maintenance of the schoolmaster  which may be do by invest it in government security and mean such a security  as this in opposition to bind or any other precarious personal security he  cite the cause of Vaughan versus farmer Ves SC Semb and Gatterell versus baker  in SC cite Ves in one case there be a sum of money give to erect a schoolhouse  and in the other to erect a hospital and in both case your lordship hold it be  not within the last statute of mortmain Mr Wilbraham for the defendant  Elizabeth bowl the executrix and residuary legatee of the testator William  bowl insist that by the word real security the testator mean mortgage and be  so understand in common parlance and your lordship in those decree where money  be direct to be lie out in government or real security take it in this sense  he cite the case of Jones versus Humphreys determine by the late master of the  roll where he hold that the devise of a mortgage to a charity be void be  within the statute of mortmain Geo Lord chancellor this act of parliament must  receive a natural construction and such a one as will most effectual answer  the end of the legislature atkins the general intention of the statute be not  to restrain charity but to prevent the disposition of real estate and  unwarrantable or by surprise disinherit the heir at law to be sure the two  part of the bequest in Mr bowless will may fall under different consideration  with regard to the two hundred pound there be no doubt his intention be to  dispose of it in the purchase of ground and to build upon it a house for a  schoolmaster if there have be any land in this parish appropriate to any other  charity and the schoolhouse have be permit to be build there I do not see but  this will have effectual answer the intention of the testator such a devise as  this be certain contrary to that clause in the act of parliament which do as  well restrain the give personal estate to be lie out in land as the devise of  land itself in the case cite by Mr attorney general as it be not absolute  necessary to lie out the sum devise in the purchase of freehold land but may  at the discretion of the trustee be invest in leasehold estate renewable from  time to time it be hold for that reason not to be within the statute of  mortmain therefore if the trustee can show I any charitable donation in the  parish already where there be ground on which the two hundred pound may be lie  out for building in schoolhouse I shall be of the same opinion in this case  and therefore will not dismiss the information as to this part but leave it to  the trustee to lie proposal before the court vide Vaughan v Farrer Ves  attorney general v Tyndall Amb attorney general v hide Amb attorney general v  Nash bro Charles Rep atkins er p with regard to the remain three hundred pound  I be of opinion it be clear within the act of parliament for I must take the  meaning of word just in the same sense as before the act and must not suffer  new idea to be annex to they in order to evade the statute which in a great  measure will be defeat it I do admit that where one purpose be lawful and the  other unlawful the court have lie hold of the former to answer the charitable  purpose but here the money be not only direct to be lie out in land but in  some real security I can take these word only in the common sense and  acceptation for there be a know establish distinction in this court between  government and real security and the latter mean mortgage or other encumbrance  affect land vide attorney general v Meyrick Ves attorney general v Caldwell  Amb atkins the word real be a term adopt in the law and can never be  understand in any other sense than land security as for instance in the  distinction which have be make between real composition and modus real  composition do not mean any substantial permanent security for the payment of  the composition but land substitute in lieu of tithe or a rentcharge issue out  of land the information in this respect therefore must be dismiss but with  regard to the other part I will give the trustee a opportunity of lie proposal  before I of invest the money in such a manner as will best answer the  charitable purpose I declare in the first place the pound which by the  testator will be direct to be lie out in land or some real security for the  maintenance of the schoolmaster be contrary to the statute of Geo and void and  as to so much let the information be dismiss with regard to the pound I  declare the same can be lie out lawful in the purchase of land but that the  same may be lawful lie out in building a schoolhouse upon any land in the  village of newchurch which now do or may belong to that parish and the trustee  be to be at liberty to lie proposal before the court for this purpose