case dam costa against de pass a legacy to establish a Jesuba for instruct  jews in their religion not to be support in that particular application but  good as to a charity to be apply as the crown shall direct in chancery  Saturday may S c dick Swanst note from Cox ms b b lib Reg b foe Elias de Pas a  Jew by will date the that of November establish a fund of pound to be  appropriate in order to apply and dedicate the revenue of that sum towards  establish a Jesuba or assembly for read the law and instruct people in our  holy religion Q to who the say sum shall belong whether the next of kin or as  a charity for the crown to dispose of a distinction be take by Lord Hardwicke  chancellor that when the devise be to a superstitious use and make void by  statute or to a charity and make void by statute of mortmain there it shall  belong to the heir at law or next of kin but where it be in itself a charity  but the mode in which it be to be dispose be such that b the law of England it  can take effect as in the present case it promote a religion contrary to the  establish one there the crown by sign manual direct to the attorneygeneral may  give order in what charitable manner it shall be dispose note I be afterward  inform that pound of the money be direct by sign manual to be dispose of to  the foundling hospital see a full note of the argument and judgement in this  case give by Mr swanston in the and vol of his report p from Mr Cox ms in  Lincoln inn library and see what Lord Eldon say on this case in  attorneygeneral v mayor of Bristol I W and in Moggridge v Thackwell Ves see in  attorneygeneral v Pearson mere and note attorneygeneral v cock Ves sen the  rule in such case seem to be that where the bequest be illegal or for a  general or indefinite purpose and no trust be interpose the disposition be in  the king by sign manual but where the execution be to be by a trustee with  general or some object point out then the court of chancery will take the  administration of the trust see Moggridge v Thackwell Ves mill v farmer Ves  see attorneygeneral v Johnson post in the follow case the disposition be by  sign manual friar v peacock finch lev Ves attorneygeneral v Syderfen vern see  Ves Clifford v Frances Freem attorneygeneral v Herrick post caryi v Abbott Ves  see attorneygeneral v Baxter vern attorneygeneral v Hugh vern see Ves jun note  see king v lady portington salk so in Isaac v Gompertz mention Ves and of  which the editor have be favour by Mr beam with the follow note from the  register book by the decree make by the master of the bolls it be direct that  the master ambler er p shall set apart and appropriate a sufficient part of  the testator personal estate as a fund to answer the several annuity follow  mention in the will of the say Benjamin Isaac saint a annuity of pound for  teach and instruct ten poor jews child at Bromsall pound for the support and  maintenance of the jews synagogue in Magpiealley and pound for teach and  instruct ten poor jews child in London pound to be give away every new  Yearsday amount poor jews and pound to be lie out and expend every year in the  purchase of coal to be give away and distribute among poor jews and their  family and also the annuity of pound give by the testator will for forty year  to the gabas of the say synagogue c and it be further order that the say  master shall inquire what the gabas be and what the institution of the say the  Jewish religion further direction be reserve on the that July the master make  his report appropriate certain fund to answer the above annuity and certify  that the gabas be person annual choose by those frequent the synagogue as  treasurer to the synagogue and that their office be to collect and receive the  annual subscription for the support of the poor jews belong to the say  synagogue and to apply the same in payment of the expense attend the synagogue  and the support and maintenance of the poor jews and their family belong to  the say synagogue that they may not become a burden to the parish in which  they reside and that the institution of the synagogue in Magpiealley be for  the jews to meet daily say prayer and sing psalm in the Hebrew language and  that the institution be not for the propagation of the Jewish whatever  otherwise than for pray and sing psalm on the cause come on to be hear for  further consideration the court order the master to review his report and it  be order that the say master do see whether there be any school or academy in  Bromsall in Bohemia to which the bequest by the testator in favour of that  school can be apply c the party be at liberty to lie a scheme before the  master as to that charity and they be also to be at liberty to lie a scheme  before be for the jews and that the or any purpose the master for apply jews  child and for among poor jews and sum of pound for teach and school ten poor  pound to be give away every new Yearsday legacy of pound to be expend in the  purchase of coal to be give away to poor jews and their family and the party  be to lie a scheme before the master for the expenditure of the legacy or  annuity of pound give by the testator for forty year to the gabas of the  synagogue in Magpiealley and as to the annuity of pound give for the support  and maintenance of the jews say synagogue in Magpiealley it be declare that  the same ought not to fan and accrue to the personal estate of the say  testator but ought to be apply to some other charitable use and that the  appoint and direct that charitable use be in the crown and this court do  recommend it to his majesty attorneygeneral to apply to the king for a sign  manual to appoint and direct to what charitable use or use the say annuity of  pound and the arrear shall be apply lib Reg a foe it appear by the follow note  from the register book that pound of the pound be afterward apply to the  support of a preacher c of a charitable institution for the support of expose  and desert child lib Reg a foe upon open of the measure this present day unto  the right Hon the Lord chancellor c by Mr Ord of counsel for the governor c of  the hospital c for expose and desert child it be allege that the say Elias paz  be of the Jewish religion by his will order a fund of pound to be appropriate  and to apply the revenue thereof for establish a Jesiba or assembly for daily  read their holy law for ever that on hear of this cause the court declare that  such bequest be not good in law and ought not to be decree or establish by the  court but reserve the consideration whether such pound ought to accrue to the  residue of the personal estate or to be apply otherwise and now c that by a  order of the that of may last upon the special reservation in the say decree  concern the say pound legacy the court declare that the same ought not to  accrue to the residue of the personal estate of the say testator but ought to  be apply to some other charitable use and that the appointment thereof belong  to the crown and recommend it to the attorneygeneral to apply to the king for  a sign manual to dispose of the same that his majesty by his site manual of  the that July last be gracious please upon the humble petition of the governor  c of the say hospital to give c pound part of the say sum of pound towards  support a preacher and to instruct the child ambler er p under their care in  the Christian religion and for other incidental expense attend the say chapel  c c c it be with the consent of the attorneygeneral on behalf of the crown  order that the say sum of pound shall be pay to the treasurer of the hospital  to be apply to the use and purpose aforesaid