case LYDIATT all on the behalf of the hospital of Felstead in Essex plaintiff  sir John FOACH defendant distinguish Att gentleman v Magdalen college Bea v  Lord keeper Feb a corporation for a charity be but trustee for the charity and  may improve but can do any thing to the prejudice of the charity or in breach  of the rule of the founder the Lord rich who find the hospital among other  rule direct that no lease shall be make for any long term than twentyone year  and that thereon shall be reserve the old rend and no more and that the fine  to be take on such lease shall not exceed two year value the farm at Bromley  part of the hospital land have be lease accord at eighteen pound per and and  some cornrent but the price of provision increase the hospital in make a lease  reserve the old rend but take a deed of covenant from the lessee to pay a  additional rend of thirtytwo pound per and over and above the rend reserve  Vernon chancery case er p in the hospital at the recommendation of the Lord  Warwick make a lease to John atwood senior for twentyone year reserve the old  rend of eighteen pound per and and by deed of covenant the lessee covenant to  pay thirtytwo pound per and additional rend and the hospital covenant from  time to time to renew until the term shall be make up sixty year and in make a  new lease accord and in the lease be renew again at the old rend and at Vernon  chancery case the same time a endorsement be make on the deed of covenant of  that during the term in the last lease the lessee will pay the additional rend  of thirtytwo pound per and sir John Foach who have purchase of atwood bring a  bill to have the lease renew pursuant to the covenant in and upon hear his  bill be dismiss the covenant to renew until the term of twentyone year be make  up sixty year be the same and as much to the prejudice of the hospital as to  grant a term for sixty year at first which be contrary to the rule of the  founder and thereupon sir John Foach since he can not have the lease renew  refuse to pay the additional rend of thirtytwo pound per and and the hospital  can not recover it at law that agreement not be endorse on the lease of but on  the deed of covenant of and the endorsement be that the corporation perform  their covenant for renew he will pay the increase rend of thirtytwo pound per  and during the term of twentyone year grant by the lease of and it be now  insist on by the defendant that as the plaintiff will not perform their  agreement by make up the term sixty year so he ought not to be compel to pay  the additional rend the agreement be mutual it ought to be mutual perform and  although sir John Foach purchase with notice of the agreement for the increase  of rend yet at the same time he take notice that the corporation have agree to  renew and to make up the term of twentyone year in the lease of to the term of  sixty year Vernon chancery case Lord keeper the corporation be but trustee for  the charity and may improve for the benefit of the charity but can not do any  thing to the prejudice of the charity in breach of the founder rule and agree  sir John Foachs bill be well dismiss for the court can not have decree a  renewal pursuant to the covenant without decree they to be guilty of a breach  of trust and say although it be a indenture of mutual covenant on the lessors  part to renew and on the lessee to pay the additional rend of thirtytwo pound  per and yet those covenant appear in the deed to have be make on distinct  consideration way the covenant for increase of rend because the price of  provision be raise and the covenant for renewal because the lessee undertake  to lie out one hundred pound in building and so not dependent on each other  and he look upon it as a fraud and imposition on the hospital that the  agreement for the additional rend be endorse on the deed of covenant of and  not on the counterpart of the lease of and therefore decree the additional  rend and arrear to be pay during the term of twentyone year in the lease of  and that sir John and his assign pay the additional rend of thirtytwo pound  per and and the reserve rend of eighteen pound per and may hold and enjoy  during the residue of the term of twentyone year defendant to pay the cost Reg  lib b fol vide tailor v Dulwich hospital p win