case sarah Cheeseman widow exceptant Francis partridge clerk respondent  December the that Thomas Cheeseman by will give to the Latin school of Yeovil  five pound to be pay yearly for teach and instruct three boy as it be not a  gift to a particular schoolmaster but to the school itself it be a perpetuity  and the general word for instruct boy mean in succession one after another  Thomas Cheeseman by will date the that of march devise in the word follow I  give to the charity school of Yeovill to be pay month after my decease the  full and whole sum of pound item I give unto the Latin school if any man be  possess of it that teach boy and be rich ground in the Latin tongue the sum of  five pound to be pay he yearly for teach and instruct three boy item I give to  the poor of Yeovill fifty shilling a year to be pay every easter after my  decease out of my estate of Homer to be pay by my executrix item I give my  wife Sarah Cheeseman that estate in Homer in the parish of Trent and also that  at Wandall in the parish of Mudford to her and her heir for ever and make  Sarah executrix Mr partridge be schoolmaster but pound a year have not be pay  to he the commissioner name under a commission of charitable use order that  Sarah shall within one month after notice pay to the defendant partridge the  sum of pound c and that the proprietor of the land call Homer for the time be  shall for ever pay unto such person as shall be schoolmaster the yearly sum of  five pound by equal half yearly payment at Michaelmas and lady day and decree  that the land call Homer be charge with the payment of pound for ever atkins  to which decree mrs Cheeseman take exception insist that she be not nor ought  to be bind thereby first for that the message tenement and premise call Homer  devise to her be not by the will charge with the payment of pound a year to  such person and for such purpose as in and by the decree have be adjudge  second for that if the say tenement and premise be charge with the five pound  a year the same be not by the will make a perpetual charge thereon nor Payable  at such time and in such proportion as by the say decree be likewise adjudge  Lord chancellor the will be so inaccurate pen that I believe this man make it  himself but though it can take place accord to the word I must make such  construction as be most agreeable to the intention there seem to be two  intention of this testator first to give his money legacy independent of his  annuity and in gross sum for the first legacy be the full and whole sum of  fifty pound to be pay a twelvemonth after his death second a annuity of five  pound and another of fifty shilling to be pay yearly every year after his  decease the question be whether the annuity of flye pound be a charge upon the  estate at Homer in the first place what be to be the continuance of this five  pound per and and that will determine in some measure the other question  whether the estate at Homer will be liable to answer it now I be of opinion  that this be intend by the testator as a perpetuity for he do not give it to a  particular schoolmaster but to he school itself which be like the old atkins  er p case of a gift to the parish church of saint Andrew Holborn which be  construe to be a gift to the parson and parishioner of saint Andrew and their  successor for ever another circumstance that it be in general word for the  instruction of three boy which must be understand to mean three boy in  succession there can be no question as to the charge his estate at Homer for  he have make it liable in express term and the call his wife executrix in this  clause be only another description of her for the word immediate follow give  the inheritance to the wife in this estate vide Edgell v Haywood post vol I be  of opinion it can be charge upon testator personal estate because the real  estate be express set apart to answer the annuity for what the testator mean  by his respective legacy be the pecuniary sum or sum in gross that be before  give in other art of his will the next question be as the fund intend for the  school be not sufficient whether the estate at Homer be liable to make up the  deficiency atkins item ought to be construe as a conjunctive in the sense of  and or also to connect the two sentence together and make the estate at Homer  as much liable to one annuity as the other for item have never be construe a  disjunctive but be only make use of to distinguish the clause in the will the  case of coal v Rawlinson salk and Hopewell and ackland salk be in point for  this purpose the time of payment be at easter and as it be direct to be pay  yearly which natural intend tax this court can alter it to half yearly payment  and clear of tax I do therefore order that the exception be over rule save as  to the time for payment of the five pound a year and as to that the say  exception must be allow and that so much of the say commissioner decree as  direct the five pound per and to be pay half yearly at Michaelmas and lady day  be reverse and I do order that the arrear be forthwith pay to the respondent  and that the five pound for the future be pay yearly at easter subject to the  land tax and I affirm the rest of the decree Reg lib a fol