case KENSEY versus Langham novemb discuss and explain Crompton v Jarratt Ch d  l I Ch lt WR a seize in fee devise his land and tenement in b to trustee to  apply part of rend for charitable use the testator die the church of b become  void the heir at law shall present sir Edward Nichols be seize in fee of  several land in Northamptonshire and elsewhere August make his will whereby he  devise his manor of Faxton and land lie there and other land in the will  mention to trustee and their heir in trust for the plaintiff jane Kensey and  the lady Susanna Danvers her sister and all other his message cottage close  woodland and tenement the word of the devise as state in Reg lib be all other  his message land tenement and hereditament whatsoever in Faxton Haslebitch  Subby and Hardwicke and all other his land and tenement c note the word  hereditament seem much strong than any of the other word use whatsoever in  Faxton Haslebitch Subby and Hardwicke in Northamptonshire and all other his  land and teneinents not therein after devise upon trust that his say trustee  and the survivor of they shall out of the rend issue and profit yearly for  ever pay the sum of pound apiece without any deduction to the several vicar  for the time be of eight several vicarages in his will name for the  augmentation of their vicarages and that whenever the profit of those land  amount to more than the yearly payment and his trustee expense that then the  surplus shall be dispose of in such charitable use as his trustee shall think  fit the testator die leave the plaintiff case tempt Talbot and the lady  Susanna Danvers his heir at law which latter die soon after without issue and  now the church of Hardwicke become void which be full at the time of the  testator death the plaintiff bring her bill to have the presentation for the  advowson not pass by the devise to the trustee do belong to her as heir at law  the trustee and vicar insist in their answer that by the general devise the  advowson pass and that the testator intend it to pass to make up what  deficiency may be in the estate Lord chancellor the question be whether the  advowson pass to the trustee by the will and I rather incline to think that by  the first word it do not pass there be land lie and be at Hardwicke to satisfy  these word and a advowson be but a right of present can be say to be situate    Litt black Com burn Eccles law nor be I clear that the word tenement say Vid    Litt b vin Abridg Title Assetts p pl Westfaling v Westfaling atk black Com  where it be say that as land and house be tenement so be a advowson a tenement  and a franchise a office a right of common a peerage or other property of the  like unsubstantial kind be all of they legal speak tenement which have be say  to carry the advowson do extend to incorporeal inheritance but I do not think  it necessary to enter into that question at this time and I shall consider it  a devise to the trustee so far as it may be beneficial to the charity but not  where it can be any way beneficial to it as in the present case the church be  actual void and consequent can be beneficial for no money must or can be take  for the fill it and if so the rule that whatever be not dispose of remain in  himself must take place and the heir at law consequent be entitle to this  presentation there be no provision that either the trustee or the charity  shall have it it have be say indeed that this may be a beneficial devise by  the trustee sell case tempt Talbot er p the next avoidance but as he have make  no such provision I do not think it proper by such a construction to advance a  thing which will be much better if entire prohibit especial in the present  case where it can be prove that he intend any such thing in case of mortgage  the mortgagor present to every case tempt Talbot avoidance before foreclosure  vide amhurst v Dawling vern Jori v Cox Prec in Chanc gardener v Griffith p  will gully v Selby strange mackensie v Robinson atk for the land be but a  pledge in the mortgagee hand for the payment of his debt he can receive  nothing but what may be account for in its nature which a presentation can be  and therefore he shall not have it upon the same principle it be that a  guardian in socage shall not present to a advowson because he can receive  nothing for it and by consequence he can account for it and by the law he can  meddle with nothing which he can account for   Litt so in Atherton versus sir  Walter Calverley the trustee have no interest only a bare power of nomination  the right of presentation be decree to be in the infant as therefore this  particular turn be not to be give away by the will and since nothing be intend  for the trustee but a reimbursement of their charge and this can be applicable  to the charity I think this turn belong to the heir at law and that her  presentee must be admitted Reg lib a fol by the name of Kemsey v earl of  hallifax from which it appear that the Lord chancellor direct that a case  shall be make for the judgement of the court of king bench on this point  videlicet whether the advowsun in question pass by the will of sir Edward  Nicholas to the defendant the trustee or not and the consideration to who the  right of presentation belong be reserve until the cause come on to be hear on  the certificate of the judge a case be make for the opinion of the judge of  the b b whether the word tenement in the will will pass the inheritance of the  advowson to the trustee note the judge afterward certify that the advowson do  not pass by the devise in question from a manuscript note of the late Mr Cox  of Lincoln inn contain in No fol in the library of that society