case attorneygeneral against Graws see Giblett v Hobson my king devise of  residue of real and personal estate which consist partly of a term to a  charity whether it be a old term or create de to make new be within the  statute of mortmain as to the term see attorneygeneral v Tomkins post paice v  archbishop of Canterbury Ves attorneygeneral v Lord Weymouth ante p lib Reg a  foe S c Cox ms thou Sewill ms Vol from de grey note devise of residue of real  and personal to charitable use part of the residue consist of a term not carve  out of the inheritance by the testator but vest in he as lessee question on  stat g of mortmain whether it be within that statute and void ambler Lord  Hardwicke c I never be once more clear than that it be both within the  intention and word of the statute will not construe this statute by the  chicane with which the former statute of mortmain have be it be a reproach to  the law that such construction be put on they as prevent their have effect the  old statute of mortmain be arm against a public mischief in a narrow view as  at that time trade and commerce be not introduce the way of defence of the  realm be by military tenure and therefore they prevent estate get into  ecclesiastical hand ambler er p afterward when trade and commerce be extend  the lock up of land become of great consequence therefore it be too narrow a  construction to say this statute only mean devise to the disherison of heir it  take in money to be lie out in land which do not disinherit heir the word of  the enact clause be as strong as possible it be true the irritate or annul  clause must not be extend further than the enact clause but it explain the  other query if any term for year be within it or be to be confine to those  case only where the donor be seize of the inheritance it be argue that a lease  come from another be personal estate and the lessee may dispose of it as he  will to charitable use and the statute of will be cite as a authority which do  not extend to term of year the reason be because it begin if any person have  or be seize of any manor c and that make the great question in sir Owen  Buckingham case where Lord holt observe on the word have also the statute of  car of fraud and perjury be cite it take notice of all land c devisable by the  statute of will or by that statute or the custom of ken and that show that  only freehold of inheritance be within ambler it because term of year be not  within the statute of will nor devisable by custom the word of the statute in  any estate or interest whatsoever be insist to mean only that a person shall  not devise his own land for any estate or interest whatsoever No colour for  that construction these word relate back as well to land and tenement as to  personal estate the annul clause which afford a construction on the other  annul all estate or interest in land and tenement and there be no colour for  that distinction on those latter word it may as well be say that the word nor  any sum of money c do not relate to money which devisor have of his own but  only to money direct to be lie out by some other person and which the devisor  take Inst on stat of mortmain make strong against this way of argue that can  be the judge set out at first vigorous on stat great Charta it be determine  that fee only be within it that long lease be not feign recovery and term  occasion subsequent statute Westminster d that be the original of common  recovery the legislature in make stat Geo have all this in view as appear by  the recital whereas gift c in mortmain be restrain by great Charta and diverse  other wholesome law c some inconvenience may arise on the construction either  way but by the other all term long or short be not within the statute  consequent property be lock up all lease hold of college will become  charitable use as to devise of surplus part personal and part real a mix mass  where not collusively but fair every thing be order to be sell to pay debt and  the rest to charitable be use I will not take on I to say it will be void as  to ambler the charity and that be the case of the attorneygeneral v a devise  to Bethlehem hospital there be a agreement with the heir at law and so nothing  for the consideration of the court on the question of the charity for if a  heir at law will confirm a devise of land to charity the court will not take  it away for it become the act and deed of the heir whenever the question come  before the court it will deserve great consideration if it be do art well  ingenio to give colour to hold the land the court will meet with it these  statute do not prevent charity but the abuse of it note mortgage in fee have  be hold by sir John strange the present master of the roll to be within the  statute attorneygeneral v Meyrick Ves on question as to marshal asset in the  above cause Lord Hardwicke c I shall not set up a new rule for the benefit of  charity but they may have benefit of the old rule when there be general legacy  and the testator have charge his real estate with payment of all his legacy if  the personal estate be not sufficient to pay the whole the court have say the  legacy to the charity shall be pay out of the personal estate and the rest out  of the real estate that the will of the testator may be perform in toto see  Eden where Lord Northington agree with the text as to what Lord Ch Hardwicke  say but see attorneygeneral v Caldwell post and note there and see  attorneygeneral v Tomkins post negus coulter post attorney ambler er p general  v Lord Weymouth ante Campbell v earl of Radnor bro g g foster v Blagden post  the information be file at the relation of the deacon of the baptist  congregation in Crispinstreet and of the independent congregation in  Cripplegatestreet against the executor and next of kin of the testator the  fact appear to have be that h Shipwick by his will after give several  pecuniary legacy and a annuity of pound ayear to his niece mary Bradford  declare it to be his will that his estate in the possession of Edward Chalkill  and Ann his wife shall be continue to they as long as either of they shall  live they pay to his executor the sum of pound groundrent and landlord tax  include and he will that as his debt shall come in and his effect shall be  dispose of his executor shall purchase certain annuity which annuity together  with the say annuity of pound after the death of mary brand he declare shall  be dispose of as follow videlicet as to onehalf of the say annuity together  with the half of the rend of his say leasehold estate he give the same to the  elder of the say baptist congregation in trust for the poor of the say  congregation to be divide among they twice ayear and the other half of the say  annuity and of the say rend he give to the elder of the say congregation of  independent to be distribute among their poor in like manner by codicil to his  will he give a annuity of pound ayear to S edge and after her death to go upon  the like use as the say other annuity the estate of which Chalkill be in  possession be hold by the testator for a term of year the information pray  that the executor may place the residue of the say testator estate after  payment of debt c in government security and that the half of the interest and  dividend subject and Chargeable with the say two annuity to mary brand and  James edge and also onehalf of the say rend and profit of the say leasehold  premise subject to the say interest of say Edward Chalkill and Ann his wife  therein may be pay to say elder of the say baptist congregation and the other  half to the say elder of the say other congregation the decree declare that  the charitable use create by the say testator will except in respect of the  leasehold estate aforementioned ought to be carry into execution and a account  be direct to be take of the testator personal estate and of the debt and  legacy and such personal estate be to be apply to the payment of say debt and  legacy c in due course of administration and it be declare that the bequest of  the say leasehold estate to the say charitable use be void and consequent that  the same be to be consider as part of the personal estate undisposed of by the  say testator and that the same be in the first place applicable to the payment  of the say testator debt and funeral expense and that the residue of the say  leasehold estate belong to the defendant the next of kin of the say testator  and it be order that the say leasehold estate shall be sell with the  approbation of the master and the money arise from the same apply in the first  place to the payment of testator debt and funeral expense and the surplus of  the money arise from the sale divide among his next of kin and as to the  surplus of the other part of the say testator personal estate it be order that  the same shall be apply to the charitable use direct by his will and as to the  annuity give by the say testator will and codicil the master be to set apart a  proper fund of say testator personal estate for secure the same and the same  be to be apply during the continuance of the life for which they be give and  after to the charitable use give by the say testator will lib Reg