case in chancery sir robert atkins against george Montague S c Ventr Jon keb  there be a trial at bar touch the Title of the master of the hospital of saint  Katherine which the plaintiff claim by a grant from the queen consort that now  be and the defendant hold and enjoy by two grant one from Henrietta maria the  queen dowager another from his majesty that now be before his marriage upon  the evidence diverse point arise the plaintiff Title be find upon the charter  of queen Eleanor dowager of h which fee in Dugdale who add to the endowment of  this hospital most part of the possession reservatis we reginis England we to  go below full power to see in advance instructress c to will etian quod all  men queen we to go below Jus patronatus to have c which be confirm by the  subsequent charter of e and e against the foundation of this Title the  defendant counsel object that a limitation of the patronage reginis to go  below by charter be void for such a desultory kind of inheritance can be limit  but by Act of parliament just as the duchy of Cornwall be by Act of parliament  in e limit to the king old son for the time be but hale chief justice and  whole court resolve to the contrary for they take a difference between a  advowson in be and the patronage of a hospital new create for the land or a  advowson this true no desultory kind of inheritance can be limit without Act  of parliament because then he who have right can not always know against who  to bring his action but of the patronage of a hospital new find there can be  no precedent right and therefore at the very first institution it may be limit  as the king please like the case of a rend de to make new though the several  patent be produce on each side wherein the master of the hospital have be  grant in reversion yet resolve by hale and the whole court that all case in  chancery such grant be void for the master of that hospital when he be seize  in fee in right of the hospital and of a estate in feesimple there can be no  reversion to grant therefore this case be not to be compare to the grant of a  office in reversion but be more like the case of a prebendary or a donative  which can be grant in reversion then it be object by the plaintiff that the  defendant grant from the queen dowager be void because there be a former grant  which the queen dowager make to one Mr h Montague who be alive at the time of  the grant to the defendant the defendant show that the grant to h Montague be  void because it be habend post death sir Julius Caesar and so a grant in  reversion which be hold a clear answer it be resolve that in a patent which  grant the mastership of a hospital the word be not to be so precise examine as  in a patent of land or other office for in this case it be sufficient if there  be word of nomination only because the patentee be not in by the patent alone  but by the original constitution upon the foundation it be say by hale that  though here the question be touch the interest of a queen dowager in the  patronage when there be no queen consort yet it seem to he that if there be a  queen dowager and queen consort both at the time of the voidance of the  hospital the queen dowager shall present if the dowager grant be good when  there be a queen consort it be much more so when there be none and if there  can yet remain a scruple the king grant and confirmation clear it for if there  be no consort nor dowager doubtless the king presentation be good and this  alone be sufficient to support the defendant Title the plaintiff reply that  the king presentation in such case be good only by way of a provisional supply  until a consort come and then be to cease which all the court deny for the  master by his incumbency gain a feesimple which can be determine by the  determination of the plaintiff interest as in case in chancery er p the case  of the duchy of Cornwall if the king let the land the lease be void when the  prince be bear but if he present to a advowson the clerk continue wherefore  the plaintiff see the opinion of the court against he become nonsuit case in  chancery de term sanct hill year king car h in cancellar the Lord keeper  justice Twisden