case negus against coulter at the roll saint and that Feb grant by the crown  of the right to lie chain in part of the Thames to more ship it be a interest  in land and within the stat of mortmain lib Reg b foe S c dick Hannah Bailey  be possess of a lease from the crown for year of the right and power of lie  chain in the river Thames between bugbe hole and London bridge for more ship  and of all profit to arise therefrom by his will devise the same to charitable  use ambler sir Thomas clarke master of the roll this be clear a franchise like  a market which may be in other person than the owner of the soil that make it  unnecessary to consider in who the right of soil be it be a inheritance vest  in the crown and grant out for year the rend be reserve to the king his heir  and successor Payable at the exchequer this put a end to the only question  which be make on the behalf of the charity that it be no part of the land the  chain be movable make this franchise no more personal than fair or market be  this be a grant of a interest in the inheritance in ball v the governor of the  GreyCoat hospital fortescue master of the roll be of opinion that a mortgage  in fee be within the statute of mortmain in attorney general v Merricke Ves  see curry v pie Ves sir John strange consider a mortgage in fee to be a  interest in the land in case of a grant of toll whether distinguishable from  market Hannah Bailey by her will date the and of Feb after give several  pecuniary legacy and recite that she be possess of a certain lease make from  king Charles the second to the earl of Dorset of all and singular the chain  lie on the river Thames for more ship and other vessel between londonbridge  and a place call bugbe hold together with all fee and perquisite to be receive  by virtue of the say lease for a long term of year devise the say lease and  all benefit and proceed thereof to the plaintiff in trust in the first place  to pay the three several annuity therein mention to Hannah Robinson her  executor and administrator and also two other sum yearly to two other person  during the continuance of the say lease and in the next place pay and apply  pound yearly during the say lease in manner follow videlicet in the first  place unto six poor widow of master and commander of ship and unto six poor  widow of shipwright which shall be resident in the parish of saint mary  Rotherithe from time to time pound apiece and then after give two other yearly  sum out of the say rend she declare her will to be that the remainder of such  rend and profit shall be apply and dispose of among the poor widow of master  of ship and shipwright live in the say Farish in such manner as the plaintiff  shall direct decree declare that the pound per annum specifical bequeathe to  the charity for twelve poor widow and also so much of such part of the residue  of the say testatrixs estate give to the other charity mention in the will as  comprise any part of the leasehold estate be void bequest by virtue of the  statute Geo but it be declare that the proportion of the say leasehold estate  ought to be apply in the first place and preferable to any other part of the  say testatrixs personal estate to payment of the testatrixs funeral expense  and legacy other than those give to the charity and in case there shall be any  surplus of the proportion of the say leasehold estate the same be declare  undisposed of and to go to the next of kin the proportion of the say leasehold  estate not specifical bequeathe and such as be specifical bequeathe to the  charity be direct to be sell and the money to arise there from to be apply in  the first place and preferable to any other part of the testator personal  estate to the payment of the debt funeral expense and legacy other than those  give to the say charity and the residue of such personal estate be order to be  apply to the charity mention in the say residuary bequest so in the case of  Knapp v William Ves it be hold that a sum of money secure upon turnpike toll  be a interest in land within the statute Geo c and in house v chapman Ves bind  of commissioner for the improvement of the city of bath and a navigation share  be hold within the statute and as to navigation share see buckridge v Ingram  ambler er p Ves jun in finch v squire Ves money secure by assignment of the  poorrate and countyrates be hold within the statute see king v Bates price  king v winstanley price see ante page and see attorneygeneral v Caldwell post