a wife have power to dispose of her personal estate which only comprehend the  personal estate she have before marriage and get into possession in a secret  manner after marriage of a great personal estate at her father be death  conceal it from her husband and afterward by will dispose of it to charity yet  decree that what be so conceal shall not be make good to the husband so as to  disappoint the charity mark Pilkington and Cuthbertson vin Abr pl SC bro p c a  parole devise of pound per Ann out of land to a charity though before the  statute of fraud be not good as a appointment a by Elizabeth decree by Lord  Chan equity case abridge er p Harcourt Trin Jennor and Harper Prec in Chan  pale yellow Eq Rep SC in as many word with Prec in Chan will Rep SC say the  devisor be tenant in tail salk Trin Jennor and Harper SC say a devise of land  not in write to charitable use or without three witness be void and the stat  Elizabeth which favour appointment to charity be now repeal pro tanto  videlicet as to the want of four witness by the statute of fraud which require  three witness a for at commonlaw land or a real estate be not devisable and  the statute of h as much require that a 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 Prec in Chan decree by Lord Chan  Cowper a devise of land in write to a charity since the statute of fraud but  not attest by three witness be hold to be void so a devise of land without  write shall be void also especial in the case of Jennor and Harper it be a  devise by tenant in tail and of a rend which can pass but by deed and it will  be very dangerous to allow of nuncupative will of land per Lord Chan will Rep  the reporter say send quaere and cite duke be charitable use Stoddards case  where one before the statute of fraud devise a rend of pound per Ann out of  land to a charitable use and will that the scrivener shall put it in write  which he do and decree that this nuncupative will be good for though 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 the reporter add it seem that the statute of Elizabeth which  make these appointment to charity good be subsequent to h of will supersede  and to statute but that it be true that the statute of fraud be subsequent  Elizabeth do repeal that statute and therefore since the statute of fraud a  appointment of land to a charity by will not attest by three witness be void  ibidem a make a settlement of land with power of revocation by write to be  execute under hand and seal in the presence of three witness not be menial  servant and in her illness by letter desire a deed of revocation to be prepare  but die before it be do have by will give part of these land to charitable use  and decree at the roll to be good as a appointment upon the Act of parliament  though there be no revocation easter Piqaot and Penrice pale yellow Eq Rep  Prec in Chan SC in as many word Vol Eq can Abr can SC but not S p equity case  abridge I S by will drive pound per Ann to all and every the hospital without  say where the hospital be and it be prove the testatrix live in c where there  be two hospital and that she take notice by her will of two hospital in c it  shall be take to be these hospital and not to extend to another hospital about  a mile from c though find by the same person so decree per master of the roll  a east master and master will Rep a notwithstanding it be object that the  court ought not to go out of the word of the will and confine the general word  all hospital to those in c only the place where the testatrix live and the  court decree as above the rather because these charity if they prevail will be  perpetuity of pound per Ann and by that mean create a deficiency and  consequent in a great part defeat the rest of the will as to plain legacy in  favour of those that be doubtful in some part of the will it be writ hospital  and in some Spittals per cur it be the same thing for Spittal be the  abbreviation of hospital and from thence come the Spittal sermon ibidem