atkins case the attorney general v pile February the that SC sub nom Alt  gentleman v Montague atk a devise a freehold message at Rumford to the charity  school there and direct the rend and profit to be apply for the benefit of the  school so long as it shall be endow with charity and by the same will recite a  debt of pound to be owe to he give the say sum to the Cooper company to build  almshouse the debt devise by the will instead of pound amount to pound S d  only the freehold estate be devise to a charity so long as it continue to be  endow with charity be only give until what time and when it cease as a gift of  real estate it shall revert for the benefit of the heir of testator though the  debt devise by the will amount only to pound S d yet the wrong description and  fall short will not defeat the legacy a devise a freehold message at Rumford  to the charity school there and direct the rend and profit shall be apply for  the benefit of the say school so long as it shall continue to be endow with  charity and afterward he devise in these word whereas there be now owe to I  from John Stevenson and company now reside at Oporto the sum of pound I do  hereby give the say sum to the worshipful company of the Cooper to build  almshouse at Rumford the testator also appoint the interest of the pound to be  pay yearly in several proportion and for several purpose at the time of the  testator death the balance of the account from Stephenson and company amount  only to pound S d the information be bring at the relation of the Cooper  company to have the direction of the court with regard to these devise and for  the establishment of the charity Lord chancellor where a sum of money be give  to a charity so long as a shall continue to be endow with charity it be only  give until what time and when it cease if it be a gift of real estate it shall  fall into the inheritance for the benefit of the heir if personal into the  residuum where a person give a debt of pound which be due to he to a  corporation it vest in they in law and they may have recover it in the  ecclesiastical court the only question that remain then be as to the trust of  this legacy the general intention of the testator be to give a charity to the  town of Rumford and the Cooper company but if the trust can be satisfy in the  very term intend by the testator yet a wrong description and fall short will  not defeat the legacy see Ashton v Ashton p W and door v Geary Ves for there  be many case where a trust for charity can take place accord to the strict  intent of the testator and still the charity shall not entire fail but the  court will direct the appli atkins cation of it as atkins er p far as they can  to carry the intent of the testator into execution or at least near to the  intent and I will in this case endeavour to apply the legacy in such a manner  as will be most agreeable to the testator design and do therefore declare that  the rend and profit of the freehold message at Rumford ought to be apply to  the benefit of the charity school at Rumford so long as the say charity school  shall continue to be endow with charity and decree the defendant Lewis the  heir at law of the testator to convey the say message to the other defendant  the trustee of the charity and let the sum of pound S d be place out at  interest and let the interest arise therefrom be from lime to lime distribute  among the nourishing people belong to the nourishing house of the Cooper  company for the increase of their allowance over and above what be now allow  they by the donor of the say almshouse