case Grimmett against Grimmett see warren v Rudall king I Lewis v Allenby l  king Eq one devise money to a charity and direct it to be lie out in the  public fund till the whole can be lie out in the purchase of land to the  satisfaction of his trustee hold not within the statute of mortmain Reg lib a  foe S c dick hark ms that and saint Feb William Grimmett by will that march  devise to his brother James Grimmett the sum of pound ayear during his life to  be pay he halfyearly out of the interest money in the public fund or mortgage  or any his real or personal estate of which he shall stand invest and give the  rest and residue of his real and personal estate to his wife for life and to  dispose of at her death and then direct the remainder of his estate after his  wife death to be divide into twentyf our part nineteen of which he dispose of  and by codicil date the next day be direct the remain this after the death of  his wife and payment of his debt and legacy and also pound ayear after the  death of his brother to be apply in cloth and educate twenty poor boy son of  parishioner of Brighthelmstone in Sussex in the principle of the protestant  religion ambler agreeable to the present national and establish church of  England and in read write arithmetic merchant account and navigation none to  be admit zero eight or continue after fifteen and his will and pleasure be  express to be that the this of his estate after his debt and legacy pay  together with the pound ayear after the death of his brother or which shall be  deem as a equivalent to total pound a year pound to be invest in some of the  public fund where ambler er p there be a parliamentary security to stand in  the name of trustee until the whole can be lie out in the purchase of land to  the satisfaction of the governor and trustee who he appoint which land be  direct to be purchase in the name of the trustee to the use aforesaid that be  the interest profit and rend of the this of his estate together with the  interest profit and rend of the say pound after the death of his mother or the  land which shall be purchase therewith shall be apply annual for ever in cloth  and educate twenty poor boy as aforesaid the testator leave no real estate two  question saint whether the devise to the charity be within the statute of  mortmain and void d if it be where the money so devise shall go whether to the  next of kin of testator or pass to the wife as part of the residuum on behalf  of the charity be cite Soresby v Hollins Mod that August John Naylor desire  his executor within twelve month after his decease to settle and secure by  purchase of land of inheritance or otherwise as they shall be advice out of  his personal estate one annuity or yearly payment of pound to be pay yearly  and distribute for ever by his executor their heir and assign among the poor  and indigent people of leek in Staffordshire in such manner as they shall  think fit and also to settle and secure one other annuity of to be array  yearly to the vicar of leek for the time be for ever for preach a annual  sermon on every that of October ambler Lord chancellor the only question be  whether the devise of the two annuity to charitable use be void by statute of  mortmain the testator direct his executor shall settle and secure by land of  inheritance c and if testator have rest upon such first word this devise will  have be clear void but then he go on in the disjunctive or otherwise as they  shall be advice if a devise be in the disjunctive and leaves the executor to  two method to do a particular thing the one lawful the other prohibit by law  can any court say because one method be unlawful that therefore the other be  so too and the whole bequest be void No for if one method be lawful that shall  be pursue and take effect decree the devise to be good and the money to be  invest in south sea annuity V Grayson v Atkinson Nov it be insist for the  charity that there be a election in the present case in the trustee either to  lie out the money in land or continue it in the fund Lord Hardwicke chancellor  this be not a clear case Q if this be a good and valid disposition of the  pound and this of remainder of testator estate or void by statute of mortmain  I think it will be hard construction to say such a charitable bequest be void  by the statute see case in note and see attorneygeneral v Goddard turner Russ  if a person direct money to be lie out in land for a charitable use it will be  void although the court will order the money to be place in the fund till the  purchase be make so where a man give it in such manner that the land to be  purchase be the final end and thing give but where there be sufficient room  for the court to say there be a discretionary power in the trustee to lie the  money out one way or other either in the fund or in land I have determine such  a devise to be ambler good as in Soresby v Hollins and Grayson v Atkinson that  November I be of opinion there be room to construe this bequest with such  latitude I do not lie any weight on the direction to place the money in the  fund in the first place for that will be to make the validity of a will depend  upon the order of the word the direction be to place the money in the fund  until lie out in land to the satisfaction of the trustee when can that be not  while this statute be in force suppose it have be till by law it may be such  bequest will be good those word must mean when the trustee approve of lie it  out that can be while the statute of mortmain be in force it will be to act  contrary to their trust it be say the rule of construction as to devise of  money to be lie out in land be the same now as it be before the statute of  mortmain that be true but suppose the trustee in this case will not act the  trust will devolve on the court and I will ambler er p order the money to be  place in the fund and not invest in land sir Joseph Jekyl always do so before  the statute I will not be understand to set up a different rule of  construction of will since the statute of mortmain from what prevail before  this will in my opinion have be a sound rule before the statute a observation  arise on the face of the will as if testator have think this bequest may  continue on government security for ever he direct the application of the  interest profit and rend of the this and of the pound or of the land which  shall be purchase therewith it be in the disjunctive seem to give a election  the word for ever be applicable to both alternative No mischief will follow  from hence this be a different sort of charity from those pretend one in time  of popery and monkery see Widmore v Woodroffe post attorneygeneral v parson  Ves walker v den Ves jun Soresby v Hollins cite Ves carter v Hutton Ves grieve  v case Cox S c Ves jun English v Ord Highm mortm