case attorneygeneral ad reference to standard tracy and lapthorn all versus  owner Floyer campion comer all Lord chancellor a seize of the manor and  patronage of Waltham by will give pound per and rentcharge and the right of  nominate to the church to six trustee and those trustee when reduce to three  to choose other b the only survive trustee assign his trust to other who  nominate to the church be a donative decree the assignee of the trust though  the assignment be make by one only who survive have the right to nominate to  the church and not the owner of the manor Edward Denny earl of Norwich be  seize by grant from Edward the six of the scite and demesne of the dissolve  monastery of Waltham holy cross and of the manor of Waltham and of the  patronage of the church of Waltham and of the right of nominate a minister to  Vernon chancery case officiate there it be a donative the abbey be of royal  foundation by his will in among other thing the say earl devise a house in  Waltham and a rentcharge of pound per and and ten load of wood to be annual  take out of the forest of Waltham and his right of nominate a minister to  officiate in the say church to six trustee and their heir of which sir Robert  Atkins be one in trust for the perpetual maintenance of the minister to be  from time to time nominate by the trustee and direct that when the trustee be  reduce to the number of three they shall choose other it so fall out that all  the trustee except sir Robert Atkins be dead and he alone take upon he to  feoff other to fill up the number and Tracy and the other relator be now the  survive trustee and they nominate lapthorn to officiate and the lady Floyer  and Campion who be owner of the dissolve monastery and of the manor claim the  right of nomination to the donative and have nominate Cowper to officiate  there and he be get into possession the bill be that lapthorn may be admit to  officiate there and to be quiet in the possession and to have a account of the  profit by the defendant it be among other thing insist that the trustee have  neglect to convey over to other when they be reduce to the number of three and  the legal estate come only to one single trustee lie have not power to elect  other but by that mean the right of nomination result back to the grantor and  belong to the defendant who have the estate and stand in his place or at least  the court ought to appoint such trustee as shall be think proper Vernon  chancery case Lord chancellor it be only directory to the trustee that when  reduce to three they shall fill up the number of trustee and therefore  although they neglect so to do that will not extinguish or determine their  right and sir Robert Atkins the only survive trustee have a better right than  any one else can pretend to and may well convey over to other trustee it be  but what he ought to have do and decree for the plaintiff with cost and a  account of profit but the master to allow a reasonable salary to Cowper while  he officiate there and also dismiss a cross bill file by the defendant Campion  and Cowper with cost Reg lib a fol