coke b the case OF thetford school c pasch James see attorneygeneral v  waxchandler company lr Ch hl merchant tailor company v attorneygeneral lr Eq  Ch land of the value of a year be devise to certain person and their heir for  the maintenance of a preacher c of a master and usher and of a grammar school  and of certain poor people special distribution be make among they by the  testator in the same will the sum distribute amount in the whole to per annum  the then yearly profit of the land the land become of great value hold the  devisees shall not take the surplus but such surplus shall be expend in  maintain a great number of poor coke report a er p the case nom Gibbons v  Maltyard and Martin Poph SC more sometime say to be the same case be a early  case upon the same will and the point move be different Cr Elizabeth duke sur  charitable use upon a private bill exhibit in the parliament for erection of a  freeschool maintenance of a preacher and of four poor people sure two poor man  and two poor woman accord to the will of sir Thomas fulmerston Kt a question  be move by the lord and be such land of the value of year Elizabeth Regin be  devise by will in write to certain person and their heir for the maintenance  of a preacher four day in the year of a master and usher of a free  grammarschool and of certain poor people and a special distribution be make by  the testator himself in the same will among they of the revenue sure to the  preacher a certain sum and certain sum to the schoolmaster and usher and to  the poor people amount in the whole to per annum which be the yearly profit of  the land at that time and afterward the land become of great value videlicet  of the value of l per and now two question be moved I whether the preacher  schoolmaster usher and poor shall have only the say certain sum appoint to  they by the founder or that the revenue and profit of the land shall be employ  to the increase of the stipend of the preacher schoolmaster usher and poor if  any surplusage coke a remain how it shall be employ and it be resolve on hear  of counsel learned on both part several day at sergeant inn by the two chief  justice and Walmsley justice to who the lord refer the consideration of the  case that the revenue and profit of the say land shall be employ to the  increase of the stipend of the preacher schoolmaster c and poor and if any  surplusage remain it shall be expend for the maintenance of a great a   b a  number of poor c and nothing shall be convert by the devisees to their own use  a the doctrine lie down in the Thetford case which have be adhere to since be  that if the whole land and rend of it at the time be give for a charity those  to who the land be give must if there be a increase in the rend apply they to  charitable purpose there be other case where the same doctrine have be hold  not only where the gift have be of land but where it have be of rend and  profit if I give a estate to trustee and take notice that the payment be less  than the amount of the rend no case have go so far as to say that the  beneficiary and trust even in the case of a charity be entitle to the surplus  there will either be a result trust or it will belong to the person who take  the estate per Lord chancellor Eldon attorneygeneral v mayor of Bristol James  and walk a so in the case in question where land in Croxton in the county of  Norfolk be devise by sir Richard fulmerston to his executor to find the say  work of piety and charity with such certain distribution as be aforesaid and  now the value of the manor be great increase that it shall be employ in  performance and increase of the say work of piety and charity institute and  erect by the founder for it appear by his distribution of the profit that he  intend the whole shall be employ in work of piety and charity and nothing  shall be convert to the private use of the executor or their heir and this  resolution be ground on evident and apparent reason for as if the land have  decrease in value the preacher schoolmaster c and poor people shall lose so  when the land increase in value acquire ration they shall gain and they say  that this case concern the college in the university of Cambridge and Oxford  and other college c for in ancient time when land be of small yearly value  victual then be cheap and be give for the maintenance of poor scholar c and  that every scholar c shall have d or d ob a day that then such small allowance  be competent in respect of the price of victual and the yearly value of the  land and now the price of victual be increase and with they the annual value  of the land it will be now injurious to allow a poor scholar d or d ob a day  which can keep he and to convert the residue to private use where in right the  whole ought to be employ to the maintenance or increase if it may be of such  work of piety and charity which the founder have express and nothing to coke  report b er p any private use for every college be seize injure college  scilicet to the intent that the member of the college accord to the intent of  the founder shall take the benefit and that nothing shall be convert to  private use parish coke b to be needy a duke sur charitable use Hern sur  charitable use   light a   a a vita poor man et who cheat eos a human being  blood be and afterward upon conference have with the other justice they be of  the same opinion and accord to their opinion the bill pass in both house of  parliament and afterward be confirm by the king royal assent note reader there  be a good rule in the Act of parliament call to cause to stand of ita always  quod pia et frequented will giver in omnibus to hold et to fill up et without  interruption sandissime to abide