attorneygeneral v spark both I be incline to think that tenant in tail a  responsibility of issue extinct ought to be construe as tenant for life within  this statute to many purpose he be consider as tenant for life by the  commonlaw and though Lord coke say he may commit waste because of the estate  of inheritance that be once in he yet bill of injunction have be entertain in  this court to prevent his commit waste of tree grow for ornament or shelter so  in case of the death of tenant for year determinable on his life before day  payment the rend ought to be apportion in this court but can say what the  judge at ambler commonlaw will do in such case for it be not within the word  and they have determine that a lease for year determinable on three life be  not a good execution of a power to lease for three life and will not bind his  issue within the statute in that case I shall not have any doubt in this court  it will be play with word to say otherwise than that it be within the statute  if tenant in tail do not suffer a recovery he have only a estate for life no  more have a wife tenant in tail ex provision man there be no better rule in  this court than knight sequitur law where this court find out the law of the  land in any instance they will follow and extend it to other case that be  analogous if they will do so on the general law why not on the statute law in  case of forcible entry a remedy be give by act of parliament and mean of  restitution but at law the party to be entitle to such remedy must have the  legal estate this court will relieve against forcible entry not only where the  party have the legal estate but also where he have but a equitable estate and  will beside remove the force decree quiet enjoyment as he have three year  before the entry I do not mean to have this as a absolute opinion for that  must be against the tenant though I be strong incline to it but in the present  case I find my opinion on the tenant have actual pay the rend and out of  conscience and equity waive any strict right he may have the payment have be  for the use and occupation during all the half year defendant can be entitle  to more than for one week it be against conscience for he to retain the whole  money many case where a man pay money from equity and conscience and though  not bind at law such money shall be divide accord to equity suppose two trader  partner or correspondent and a man pay money to one of they though not ambler  oblige but by conscience the other trader shall have his proportion of it a  case to that purpose be before Lord Macclesfield decree apportionment Mr  Wilbraham mention a case in the exchequer of a she v Webber Eq can Abr where  tithe be apportion vide Talbot v salmon Wilson v Harman that July post money  place in the fund with direction to be lie out in land and settle on a for  life remainder over the dividend shall not be apportion see Sherrard v  Sherrard atk pearly v smith ib case attorneygeneral against spark Dec see Alt  gentleman v mayor c of Bristol James W devise to charity the rend be increase  the charity direct to be increase lib Reg a foe William Tymperon by will that  November devise to Robert Davy for his natural life and after his death to the  minister of saint John and saint mary in Beverley and of Aldborough in  Yorkshire for the time be for ever all his manor in Aldborough and all his  land tenement and hereditament therein and all his land tenement and  hereditament whatsoever and all feefarms furze heath more marsh way waste  escheat relief profit of court with a multitude of general word to the use  thereinafter limit and express that be to say if his personal shall fall short  in pay his debt then by sale mortgage or lease of the premise or any part  thereof to pay and discharge the same and to pay two annuitant for life  therein name and since dead to one pound S and to the other pound S ayear and  to purchase a house near to saint mary church in Beverley for the habitation  of six poor man or woman two to be choose out of the town of Aldborough three  out of saint mary and one out of saint John in Beverley and to pay to each of  they S d a week ambler er p and he also give to the minister of Humbleton in  Yorkshire for the time be for ever ayear ambler Robert Davy and the annuitant  be both dead bill be bring for the establishment of the charity it appear that  the testator personal estate amount to but pound and at the death of the  testator his real estate be but ayear but that it be since let at pound clear  of tax it also appear that the trustee have with the rend pay off the testator  debt and inter alian a mortgage upon the estate of pound and interest and that  there remain in their hand pound S d and also that they have contract for a  house in saint mary but not pay for it question what shall become of the  surplus rend after payment of the S d weekly to six person each and the pound  ayear to the minister of Humbleton whether they shall go to the heir at law as  undisposed of or be apply in augmentation of the charity after argument at the  bar in which be cite the attorneygeneral v Johnson that November last sir John  strange master of the roll who sit for Lord Hardwicke chancellor give his  opinion the intention of the testator be clear to dispose of the whole estate  to charity he can not have any idea at that time of his estate increase in  value or intend the surplus to his heir at law the personal estate amount to  but pound his real estate be subject to a mortgage of pound and make  Chargeable with two annuity for life and to the expense of buy a house and be  in the whole at his death worth pound ayear he have use all the general word  he can devise to take in all sort of right if his intention be plain there be  no need of very particular word to pass this devise the estate have increase  in value that he can not foresee suppose it have decrease the six poor person  and the minister of Humbleton must have bear the loss it be but justice they  shall have benefit of the increase of opinion the court ought to direct the  surplus in augmentation of the charity it may augment the allowance if ambler  not the number of object attorneygeneral v Johnson ante p be in point decree  the present charity to be augment after deduct for repair of the house and  other necessary expense vide vern attorneygeneral v mayor c of Coventry arm v  attorneygeneral that Dec in chancery Eq can Abr the decree direct a account of  the personal estate and of the rend and profit of the real and the master be  to inquire whether it will be for the benefit of the charity that the contract  for the say house shall be complete and if so it be direct that the same shall  be complete and fit up for the reception of the say poor people and that all  the surplus rend and profit shall be apply in the purchase and fit up the say  house and that if any further surplus shall remain then that the same and any  surplus rend and profit from time to time after a allowance for repair and all  other just allowance and payment of the cost thereinafter direct shall be  apply to the augmentation of the pound ayear give to the minister of Humbleton  and of the weekly stipend to the six poor people in equal proportion all party  to be pay their cost out of the estate see the observation of Lord Eldon on  this case in the case of the attorneygeneral v mayor of Bristol I W see  attorneygeneral v master and fellow of Catherine hall Jacob attorneygeneral v  Johnson ante