case attorneygeneral at the relation of c against Tyndall in chancery that  march see Giblett v Hobson my king Philpot v governor of saint George hospital  h l c observe upon carter v green l I Ch king I see warren v Rudall king I on  appeal from the decree at the roll devise of freehold and leasehold to trustee  to sell and with produce buy ground and erect a almshouse and lie out the  residue in land and bequest of residue of personal estate to like use decree  at the roll which direct the asset to be marshal and declare that trustee may  erect the almshouse if they can obtain the gift of a piece of ground reverse  on appeal see Glubb v attorneygeneral ante and note there as to the marshal of  asset see foster v Blagden and Hilliard v tailor post pound lib Reg a foe S c  Eden Cox ms twenty mary packer by her will that November devise all her  freehold and leasehold estate to trustee to sell and out of the money to buy  ground for a almshouse in the parish of saint James in the city of Bristol and  likewise to erect a almshouse and to lie out the residue of the money in land  and out of the rend and profit to pay certain stipend to twenty poor people  who she have before appoint to be in the almshouse and until such purchase can  be make she direct the money to be lie out on real or go ambler vernment  security and in case his charity can not by law take place accord to her  direction then she order her trustee to lie out the money in such charitable  use intent and purpose as near to her intention as can be and the law will  permit she then give the residue of her estate to such use intent and purpose  as aforesaid by decree on that November it be declare that the devise of the  freehold and leasehold estate to the charity be void and a account be direct  to be take of the personal estate on a second hear for further direction on  June the master of the roll declare that if the trustee can obtain the gift of  a piece of ground in saint James parish in Bristol they may erect a almshouse  upon it and declare that the trustee be entitle to have the asset marshal by  apply the leasehold in the first place in payment of debt legacy funeral  expense and cost in order to leave more of the personal estate free and clear  for the purpose of the charity and order that the space of two year shall be  allow to the trustee in order to procure if they can a gift of such piece of  land and at the end of two year or soon be to be at liberty to apply to the  court the party defendant have appeal from this decree Lord Henley chancellor  after argument at bar and time for consideration as to the freehold there be  no doubt that must go to the heir at law the question respect only the  leasehold which by reason of the devise be void fall into the residuum Q  whether the court shall marshal the asset and by apply the leasehold in the  first place to payment of debt leave the other asset to be apply to the  charity and by that mean do per sidelong what can not be do per straight line  the old rule of marshal be in case where a person have a double fund to resort  to and another person have a demand upon one of those fund the court have turn  the person have the double security upon that fund which be not liable ambler  to the other person demand in order to leave the fund open which be that be  attend with no inconvenience to any person and it effectuate the intention but  this will be a method to elude the statute which I will not do attorneygeneral  v Tomkins Ambl account decree to be lie out in land attorneygeneral v Caldwell  that Dec Ambl Waller v child in ambler er p Chanc that Nov ante v ld hardwicke  reason in Vaughan v Farrer Ves d question respect the building a almshouse if  the trustee can get the ground give they the decree in this part be find upon  precedent of the attorneygeneral v bowl atk Ves Cox ms thou p which be a  authority for the master of the roll but I feel only one authority that of the  house of lord which be a superior court no other authority have any influence  on my judgement that precedent have no influence on I it be contrary to the  spirit of the statute in commonsense it be lie out money in land it improve  the scite be demandable in a prcepipe and be a purchase of so much realty such  a determination be open a door to avoid the statute it be indifferent to the  donor in what species of charity they give their money not service to the poor  but vanity be their motive if these precedent be to prevail we shall see  almshouse turn into palace immense building upon small spot of ground beside  in this case the building be direct to be build upon ground purchase with her  own money to make her go beg for ground be contrary to her intention and what  most likely she will not have submit to therefore it be depart from this will  to do a illegal thing the two proposition in the statute be as clear as any in  Euclid saint you shall rot give land to charity d you shall not realize for  the benefit of a charity if the doctrine of that precedent be to prevail land  not worth pound may become worth pound note attorneygeneral v lady Downing d  June Lord Northington c say that the foundation of his opinion in this case be  that the testatrix have direct the ground to be buy and that it do not  contradict the determination in the case of the attorneygeneral v bowl atk all  that remain respect the residue and I hold the devise of it to be void as be  give to be lie out in land and tenement it be devise to such use intent and  purpose aforesaid and the only purpose in the will be to be lie out in land  for charity before the statute in case of a bill bring for the purpose the  court will have direct the residue to be lie out in land in Soresby v hollings  Mod the original intent be to lie the money out legal in land or otherwise  here the original intent be to lie it out in land the trustee can depart from  the original intention ambler nor be permit to say the money shall continue on  security the immediate precedent clause be and in case my intention can by law  take place the trustee be to lie out the money to such charitable use intent  and purpose as near to my intention as can be and the law will permit whether  any use be make of that clause at the hear do not appear but I be clear it be  fraudulent and a void clause it be insert as a mean to intimidate the heir at  law and the next of kin and prevent their oppose the charity I great approve  of the statute and shall always support the spirit of it fair without any  chicanery to get rid of it let the decree be reverse except so much as relate  to cost the account and security of the money arise by sale of the leaseholds  and let the surplus be distribute accord to the statute of distribution