case holloway against Watkins if money be devise to a dean and chapter to find  a chantry and they enter into a obligation with the executor to do it and then  purchase land for that purpose by licence with the money these land if no  settlement of they be make to the superstitious use be not give to the king by  Edward c Bridgm cro car   salk vern vern ejectment for a house adjoin to  sergeantsinn in fleet street and depend upon the same title upon a special  verdict the case be the dean and chapter of York have devise to they by one  Dalby four hundred pound to the intent to find a chantry in their church  perpetual and a obit for the soul of Dalby and that the chantry priest shall  have fortyeight mark yearly c king Henry the four grant licence to they to  purchase those house in fleet street and other land in York ad load et need  responsibility in the will of Dalby mention to be perform whereupon they  purchase this land and make ordinance how that priest shall be maintain and  agree with the executor of Dalby for the find he perpetual and they confess  the receipt of the four hundred pound devisid to they and oblige themselves ac  in all respects good svan ad performandum c and it be find that the dean and  chapter employ eight pound for the maintenance of a priest and other sum for  the maintenance of a obit and that those land be in the first year of Edward  the six certify to be employ for a chantry and the statute of Edward c be find  and the proviso therein for dean and chapter c and that the king have it as  chantry land and give it to sir Edward Montague under who the defendant claim  and the dean and chapter enter and let to the plaintiff it be move that this  be a chantry in deed or at least in reputation and so give to the king Daniel  and Warberton be of that opinion for it appear that the land be purchase for  this cause and to this purpose and a priest maintain therewith so as it be a  chantry in reputation if it be not in fact nor be those land the proper  possession of the dean and chapter within the intent of the proviso of the  statute but their possession to this purpose only and therefore they be give  to the king by the statute of Edward c but the other justice contra because  there be not any land give by Dalby and his intent can make a chantry and the  dean and chapter do not make any chantry nor appoint any land thereto but  oblige their good for the payment of a annual sum to a priest c and that sum  which be pay be not pay out of the land only but out of all their possession  and when no croak throw land certain be give to that purpose nor employ for  that purpose it be not reason they shall be give to the king wherefore it be  adjudge for the plaintiff see Geo c as to devise in mortmain croak James er p