case attorneygeneral against johnson see mayor c of Southmolton v Att  gentleman and other h l c approve mayor c of Beverley v Att gentleman h l c  devise of the whole profit of a estate to charity the rend be increase they  shall go to the increase of the charity lib Reg a foe S c hark ms no from de  grey in chancery Nov Lord Hardwicke c sir David William by will that January  devise the whole profit of the tithe in Gwenther Brecon to be dispose of for  ever to the use thereafter specify and then give to several charity and other  public use several certain sum to be pay annual all which sum take together  make up the value of the tithe at that time the tithe have since be great  increase and now produce annual more than sufficient to answer those  particular sum in the will query whether the surplus shall be apply in  augmentation of those use ambler er p or shall go to the heir at law the case  cite at the bar of Thetford school   be to the purpose but a difference argue  that the estate in that case be give to feoff in this case the heir at law be  the trustee and testator may intend if any surplus his heir at law shall have  it but in Thetford school case the surplus must have go to the feoff indeed at  the time that case happen court of justice have not discover that the feoff  will be trustee for the heir at law of the surplus if there shall be any but  this case be strong than that for the testator declare the whole profit shall  be apply and be the case of tithe it be much strong still because tithe be  uncertain and may by this time have be of much less annual value by change the  arable into pasture c it be a clear case ambler refer it to the master to c  but I do not intend all the use shall be proportionable augment such as S for  a annual sermon c need no great allowance unless as the clergy in Wales be in  general ill provide for the augmentation to be consider as add to his  provision V vern attorneygeneral v the corporation of Coventry Cordell v noden  bring in Ch attorneygeneral v spark post the will which be date the that day  of July direct that the whole profit of the tithe the king rend only deduct  shall be dispose of for ever to the use hereafter mention videlicet that pound  shall go for ever yearly to the maintenance of the bridge of Glasbury pound  for a sermon to be yearly preach for ever on each palm Sunday in the church of  Glasbury and the testator further direct that on that day thirty shilling  shall be bestow in bread among the poor of the say parish and that twenty  shilling shall be bestow for ever for repair the highway from Layndy back to  Pontilhel bridge twenty shilling ayear for the repair of the road from  Velindre to Tilleglas and he direct that there shall be a sermon preach every  Whitsunday for ever in the chapel of ishad valley and the preacher be to  receive ten shilling for his labour and he direct that there shall be for ever  dispose of to the poor of that parish thirty shilling in bread and that there  shall be a sermon preach every Trinity Sunday for ever at Aberloury for which  the preacher shall have ten shilling and that there shall be dispose of on  that day for bread to the poor of the parish of Velindre thirty shilling and  he also will that pound S more shall be yearly dispose of for ever in relieve  the distress and poor about Guerendue in meat and drink and cloth at the  discretion of his executor for ever the value of the tithe be state to have  arise from pound to pound per annum the decree declare that the whole clear  amount of the rend and profit of the tithe ought to be apply to the charitable  use and purpose direct by the will and it be refer to the master to consider  in what proportion and to what amount the respective charitable use direct by  the say will ought to be argumented where the whole value of a fund at the  time be give by the founder to charitable purpose and no direction be make as  to any future surplus the court hold the claim of the representative of the  founder to such surplus to be divest and will apply it as near as possible to  the use and purpose to which the founder mean the property to be subservient  attorneygeneral v Cooper company Ves attorneygeneral v Wansay Ves ex part  jortin Ves attorneygeneral v haberdasher company bro S c Ves jun Thetford  school case   duke Coventry case vern mad shepherd v mayor of Bristol mad  James W Eltham v warreyn duke Jutson v Colefield duke Kennington Hastings  nourishing house duke attorneygeneral v price atk attorneygeneral v spark post  see attorneygeneral v pembrokehall S S so if the object point out by a  testator be not sufficient to exhaust the whole fund at the time of the gift  yet if the intention be clear to apply the fund to charitable purpose there  will be no result trust as to the surplus for the real or personal  representative but the court will distribute it cy pres attorneygeneral v  Arnold show p c attorneygeneral v Thurst Cox shepherd v mayor of Bristol mad  attorneygeneral v Minshull Ves attorneygeneral v paper stainer company Cox  Pieschall v parish S S for case where the purpose intend be illegal or  impracticable see dam Costa v de paz post ambler er p