case jenner versus Harper Lord chancellor Harcourt salk pale yellow Chanc pale  yellow Eq Rep pre Charles Eq can ab pi devise by nuncupative will by tenant in  tail of rend out of land to a charity void though the will be make before the  statute of fraud tenant in tail of the manor of Widhill in Berks make a  nuncupative will which be afterward reduce into write and by it he devise that  his executor shall purchase a parcel of ground in Cricklade in wilts for the  erect of a free school there and give to the say school pound per annum rend  to be pay out of his say manor of Widhill and die the will be make and the  party make the same die before the statute of fraud and perjury and the will  be prove in the spiritual court as a nuncupative will in pursuance of the will  the executor buy the ground in Cricklade and build the school thereupon and  the commissioner for charitable use decree the issue in tail of the manor of  Widhill to pay the arrear of the pound per annum rend to the school peer  William the issue in tail upon this except to the decree and the exception  come on before Lord chancellor Harcourt it be insist for the decree that  though this be void as a will yet it be good as a appointment by virtue of the  statute of Elizabeth cap of charitable use ding if tenant in tail have devise  land without have levy a fine or suffer a recovery vern or a copyholder have  devise his copyhold to charitable use without surrender it to the use of his  will such devise will be make effectual but after time take by Lord chancellor  to consider of this matter his lordship allow the exception and reverse the  commissioner decree for as much as at commonlaw land or a real estate be not  devisable and by the statute of h it be as much require that will of land  shall be in write as by the statute of fraud and perjury it be require that  such a will shall have three witness and as in Johnson case vern pro Charles  decree by the Lord chancellor Cowper a devise of land in write to a charity  since the statute of fraud but not attest by the threat witness be hold to be  void so a devise of land without write shall be void also especial it be by  tenant in tail and of a rend too which can pass but by deed and it will be  very dangerous to allow of nuncupative will of land say qure et vide duke be  charitable use Stoddards case where one wear the statute of fraud devise rend  of pound per annum out of land to a charitable use and will that one Hugh the  scrivener shall put it into write which peer William be accord do and decree  that this nuncupative will be good for though peer William er p a rend can be  create without deed yet by the word of Elizabeth it may be appoint without  deed and though the nuncupative will be void as a will it be good as a  appointment and it seem that the statute of Elizabeth which make these  appointment to charity good be subsequent to the statute of h of will  supersede and repeal that statute but it be true that the statute of fraud and  perjury be subsequent to the statute of Elizabeth do repeal that statute and  therefore since the statute of fraud c a appointment of land to a charity by a  will not attest by three witness be void