attorney general at the relation of the master and fellow of Sidney college in  Cambridge contra banns and mary his wife heir of doctor Johnson a will write  by the testator himself have no witness though a codicil refer thereto have  four witness yet hold no good will for freehold land e doctor Johnson seize of  several freehold and copyhold land and possess likewise of diverse leasehold  land surrender the copyhold to the use of his last will chancery report er p  and after make his will in write whereby be devise all his estate both  freehold copyhold and leasehold to trustee their executor c in trust for the  maintain and provide for several poor scholar of that college and for diverse  other charity in his will particular express and direct this will be write  with his own hand but have no witness to it he afterward make a codicil  wherein he recite and chancery report take notice of the will and this codicil  be subscribe by four witness and duly execute and soon after die and now this  bill be bring to have the trustee take upon they the trust and to have a  specific performance thereof and it be urge in support of the charity that for  the copyhold there be no question but the will be sufficient because they do  not pass by the will but by the surrender for as copyhold they can not pass by  the will and for the lease hold land they be but chattel be part of the  personal estate and not within the statute of fraud and perjury but remain at  the commonlaw and for they the will be effectual likewise and for the freehold  though the will be not effectual as a will to pass they within the statute of  fraud and perjury for want of conform to the circumstance require by the  statute yet it be good as a appointment to charitable use within the statute  of Elizabeth and it be compare to   Magdalen college case where want of livery  or attornment shall be supply be but circumstance concur to perfect the grant  and intent of the disposer of land but where there be a defect of power there  the statute for confirmation of grant will not chancery report supply that as  by a feme covert or infant so if tenant by knight service devise the whole  there be a defect of power for a three part though Collisons case in hob and  more before and h seem contrary Mr how likewise say that Elizabeth cooperate  with the will make it good as a appointment and cite roll Rep and that that  statute control the statute of Westminster de gift conditional and cite a case  inter day and Thwaites at the roll about twenty year ago sir Thomas powis for  the defendant urge that the will not be execute as the statute of fraud and  perjury direct will not be good to pass the freehold land and the take notice  of the will in the codicil can it mend it for that for ought appear it may be  execute in another room and the witness to that see or know nothing of the  will and Collisons case of the infant come full up to this case though the  principal case there do not and so do the case of socage land as I think it be  put of socage land and though Elizabeth make void the statute de gift so that  if tenant in tail devise his land to a charity this shall be good as a  appointment though not chancery report as a devise within that statute of  fraud and perjury which be a subsequent statute to that of Elizabeth overrule  it and say that no devise or bequest of land shall be good without such  publication and circumstance as the Act require and this statute be make to  prevent man disinherit their heir though it be for a charity unless the  solemnity and circumstance require thereby be pursue and that it ought not to  operate as a disposition or appointment against the statute Vernon on the same  side agree that Elizabeth repeal the statute de gift be subsequent to it and  as that do so must car repeal Elizabeth be subsequent to it for that disable  person from give away their land without such and such circumstance or to  cancel or revoke a will withoutsuch solemn ceremony and say any law custom or  usage to the contrary which bind more strong pauncefort on the same side and  to the same effect that Elizabeth shall e place to car this be subsequent and  make to prevent Peruries and other mischief by disinherit heir dobbins in  reply for the plaintiff that the will be not to be void by car but only the  devise that shall be void as chancery report a devise but yet it may be good  as a appointment neither be the whole will to be void but only the devise of  land where the statute be not pursue and he insist far that the codicil take  notice of the will and be duly execute that make the will good also if it be  affix to the will and the lie it in another place signify nothing nor be to be  regard for it shall relate to the will though he have it personal in his  custody the attorneygeneral cite Collisons case which he say they have not  answer that it be good as a appointment and he say the statute of car may  operate upon former statute for will but can not when they be no will but  appointment only the Lord chancellor hold this a very good distinction and say  it be find out chancery report er p to support charity before car but now upon  that statute can this not be good as a will operate and be good as a  appointment he agree the court will favour charity but he can not give a lose  to break in upon the statute and make will which be often make in limit to be  good against the heir when there be a statute to prevent they and the statute  never intend to disinherit the heir upon chancery report such a distinction  and as upon the statute de gift a will by tenant in tail can it be good as a  will but yet by Elizabeth shall be good as a appointment so now this statute  of car say it shall be void to all intent and purpose if the circumstance  require by that statute be not pursue ergo it can be good as a appointment but  it be a favourable case on the one side and a charity on the other he will  consider far of it and will confer with the judge in it hill annae queen in  cane