attorneygeneral v Berryman Reg lib a fol June the king sign manual direct to  be apply for to dispose of pound of the testator estate give to a trustee to  dispose in charity in his discretion which he never execute Burgundy chetham  by his will give pound to be pay in twelve month after his death to be dispose  in charity at the discretion of dr Berryman he never excrcised it but by his  will direct in case he shall not receive the pound his brother shall of at his  discretion and appoint his wife executix she prove the will the exectors of  Burgundy chetham be advice they can not pay the pound with saftey institute  this suit for the direction of the court the deffending berrimen the brother  of the above dr Berriman by his answer say that testator chetham use to go to  daily prayer at the parish church of St Andrew undershaft and dickens that he  have discourse with the say testator about leave some legacy towards the  support of such daily prayer and that dr Berriman have write with his own hand  on the back of a recomendatory letter the name of some person he declare he  intend tobe partaker of the charity on the that February the cause be hear  when Lord Hardwicke c hold the legcy to be a good and subsist legacy but as dr  Berryman have not execute the trust repose in he it rest with the crown and  therefore recommend it to the party to apply to his majesty to dispose of the  legacy the executor of the testator chetham and the defendant Berryman apply  for require and obtain his majesty sign manual authorize and his attorney  general to make a motion to the court of chancery for the payment of to  Richard cotton one of the executor of the testator chetham and to the  defendant Berryman to be dispose by they to the several person and to the use  follow videlicet to the trustee of the parish of saint Andrew undershaft  London or to the trustee of the say parish for the time be in trust for the  better support of the daily prayer in the say church pound to Thomas Bathurst  pound to Elizabeth wood pound to James Wagstaff pound and to diverse other  person some pound S other pound S each on the that June the say legac be order  to be apply agreeable to the sign manual Isaac v Gompertz July legacy give to  a Jewish charity not be permit to take place the legacy pay in moieties  pursuant to his majesty sign manual one moiety to the Magdalen hospital the  other moiety to thel London infirmary