coke Report22b porter case between the queen and porter mich and Elizabeth the  attorneygeneral v porter and another SC cite ace   b a b Inst a two salk Ves  jun Ves Jun wood that edit sheep touch burn ecclesiastical law that edit Bl  Com sand use Cru dig d edit vin Abr condition c b pl mortmain a pl statute e  pl Com dig condition m prerogative d use n Bac Abr charitable use c condition  oh p use e see the note infra report date devise of a message and wharf in  London to testator wife and her heir on condition to convey the same in  convenient time after his decease for the establishment of a grammar school  for ever the rend and profit for her life she maintain the charity on the  death of the testator the devisee enter and eight year after demise for a long  term of year and die the heir at law have enter for breach of the condition  convey to the queen and upon intrusion by the Ann c S by the former of which  it be enact that no judgement after verdict confession by cognovit act or  relict verification shall be reverse for want of a pity or a to take in hand  or because one be put for the other and the latter statute extend the former  Act to judgement on nothing to say or non set shape and upon a writ of inquiry  of damage execute thereon and these statute extend to the case of add a to  take in hand where none lie though not express mention in the and car Hacket v  martial stram sand see further as to fine and amercement post   and the note  there sand Bac Abr fine and amercement c ED coke report a er p attorneygeneral  against the assignee of the lease hold saint that the condition be good  charitable use not be take away by the statute h c against superstitious use  and that the lease be a breach of the condition for which the heir may enter  in a information of intrusion in the exchequer against John porter and other  for a intrusion into a wharf and a house call the Woolkey in London and on  issue join upon non intrusit the jury give a special verdict to this effect  Nicholas Gibson be seize of the wharf and house aforesaid and hold they in  free burgage and September h by his last will in write devise the say wharf  and house to Avice his wife and her heir upon the condition follow videlicet  upon condition a that where it have please God to put I the say Nicholas  Gibson in mind to build diverse house convenient for a free school the master  of the same certain headman and headwomen and that the same can be establish  to continue without great charge to be employ and bestow upon the same and  also land and tenement or other hereditament to be assure for the continuance  of the same I will and declare by this my last will and testament that the say  gift of my land and tenement shall enure and take effect to my say wife upon  condition follow that be to say that my say wife upon advice of learned  counsel in all convenient speed after my decease shall assure give and grant  all my say land and tenement for the maintenance and continuance of the say  free b school almsman and almswomen for ever as it shall please God and that  my say wife Avice Gibson shall have all the issue and profit yearly come of  the premise during her life bear the charge of the say school c as the same be  now keep and maintain and make the say Avice his wife his executrix and die  October Henry after who death Avice enter into the wharf and house and be  thereof seize accord and afterward April year e coke Report23a the say Avice  do demise the say wharf and house to one Bartholomew Gibbs from the Feast of  Christmas which shall be in the year for forty year which term be by diverse  mesne conveyance convey to the say John porter and afterward John Gibson  cousin and heir to the say Nicholas Gibson January year Elizabeth enter into  the say wharf and house pretense forfeit condition in speech testament  specificat per pillage Avice in vita suit forfeit fract and afterward January  in Elizabeth by deed indent and enrol in the chancery do bargain grant and  sell the say wharf and house to our sovereign lady the queen her heir and  successor a by force whereof the queen be thereof seize in fee and be so seize  the say John porter do enter upon her claim his term aforesaid and if the  entry of the say John porter be lawful or not be the doubt which be refer to  the consideration of the court and mich and Elizabeth at Hertford this case be  argue by Egerton then attorneygeneral and coke solicitor for the queen and by  Atkinson and other for the defendant and on the defendant part it be say first  that the say condition mention in the say will be against law and so the  estate of Avice absolute b second if her estate be conditional yet it do not  appear by any thing find by a hob latch b   b hob a the conveyance to the  queen appear to have be make with a view to establish the charity it seem that  at this period the court of chancery have not jurisdiction upon information  for establish charity but the party make out the case as well as they can at  law c attorneygeneral v bowyer Ves jun the jurisdiction of equity in these  matter probable arise soon after the statute Elizabeth c see post p a ED b as  to condition against law see Inst b two p Bac Abr condition king Com dig  condition d vin Abr condition you and that in the case of illegal condition if  the condition be subsequent the estate be absolute but where the condition be  precedent both the estate and the condition be void Inst b two king n Com dig  condition d Bac Abr condition I vin Abr condition t sheep touch Plowd ED coke  report b er p the a verdict that the condition be break and as to the first  videlicet that the condition be against law it be say by the defendant counsel  that this point rest only upon the construction of the statute of b h cap c  the letter of which Act as to this purpose be as follow that by reason of  feoff c make of trust of manor c to the use of parishchurch chapel  churchwarden guild fraternity commonalty company or brotherhood erect and make  of devotion or by common assent of the people without any corporation c and to  the use and intent to have obit perpetual or any continual service of a priest  for ever c or to any other like use and intent there grow and issue to the  king our sovereign Lord and to other lord and subject of the realm the same  like loss and inconvenience and be as much prejudicial to they as do and be in  case where land be alien in mortmain be it therefore enact that all and every  such use intent and purpose of what name nature or quality the same shall be  call c shall be utter void and if any person in defraud of this statute do  bind c that then every such pain penalty craft colour and every other thing  and thing c shall be utter void and that this statute shall be always  interpret c most beneficial to the destruction of such use c and of all coke  Report23b other like use and intent provide that this Act c shall not extend  or hinder the use as shall be declare in write by the executor of Robert  jammes and a John terrey late alderman of Norwich of any land c to be employ  for the discharge of toll and custom within the say city at the gate of the  same for the discharge of poor people within the same city of tax and tallage  c or for the cleanse of the street c or for any of the say good purpose so  that the same ordinance e be have c within two year next ensue and it be  object that the mischief before the make of this statute be that when feoff be  make upon trust and confidence that certain company erect by assent without  any corporation shall take the profit c the same be as prejudicial to lord as  alienation in mortmain for the statute of r c d have provide for feoff make  unto the use a light r b   a cro Elizabeth pult de pace a b salk that edit  sand Us d edit c the statute of mortmain h great Charta c Edward stat c Edward  saint c Edward saint c Edward saint Edward saint c prohibit body corporate  from purchase land without the licence of the king and Mesne lord and by the  latter statute conveyance of land to the use of ecclesiastical or lie  corporation be declare to be mortmain but as these statute do not extend to  society not incorporate it be provide by the h c that all disposition of land  to the use of parish church chapel church warden guild fraternity commonalty  company or brotherhood erect for devotion or by common assent without  incorporation and also all disposition to the intent to have perpetual obit or  service of a priest for ever or for sixty or eighty year be within the  mischief of alienation in mortmain shall be void save the custom of city and  town to devise land in mortmain as to which custom see roll Abr Middleton v  cater bro c c for the construction of this statute which it be hold only  restrain superstitious use see Magdalen college case post   Martindale v  Martin cro Elizabeth do v hawthorn barn and Ald as to what shall be deem a  superstitious use and the construction of the statute I e c see Adam and  Lambert case post   and the note there Com dig use m Bac Abr charitable use d  vin Abr mortmain a duke be charitable use Ambl de Costa v de Pas Ambl de gamer  v Lawson Ves smart v Projeau Ves caryi v abbot Ves as to bequest void in  England but good abroad where the will be make see Vita v Franco roll Feb cit  Fonbl Tr Eq h with regard to charitable use and the provision of the stats  Elizabeth c and Geo c see post n V ED a hob d before this Act ecclesiastical  person be disable by the former statute of mortmain from get land by purchase  gift lease or recovery use to procure coke report a er p of any body  incorporate as well spiritual as temporal that such feoff shall be as purchase  make by themselves but as it appear by the preamble of the say statute of b h  feoff make unto the use of company not incorporate be as prejudicial to lord  as alienation in mortmain and for that reason the say Act of h make provision  against they and although the erection of a grammar school to instruct youth  as well in good learning as in good manner be a work of charity and good in  itself and so to maintain and relieve poor man and woman yet when feoff be  make to a great number of person to such good use the same be as prejudicial  tolords for their ware relief escheat c as if the feoff have be make to the  use of a body corporate spiritual or temporal for any good intent or purpose  and because the benefit of lord be regard by the statute and it be for their  benefit to take away all such use it be therefore say that the say use and  intent mention in the say will be void by the say Act of h and the statute say  such use and all other like use intent c d the intent of the say Act be to  include good use for at the time of the make of the say Act the find of c a  obit and the service of a priest c mention in the say Act be account good use  that it be provide that the say Act shall be construe as beneficial as may be  for the destroy of the say use and all like use that the last proviso d  contain a exception of certain good use as to discharge the poor citizen of  Norwich of toll custom tax and tallage out of the say Act but not simple and  absolute to except they but to except they sub modus that be to say if the say  ordinance be make within two year follow or otherwise to leave the say good  use to be within the general purview of the say coke Report24a Act strong  prove as it be urge that such good use be include within the say Act and by  consequence the say condition be a penalty add by the testator for the  maintenance of the say use be void by the express word of the statute and then  the entry of the heir of the testator not lawful unto which it be answer by  the queen be counsel that our case be out of the intent and meaning of the say  Act of h for two reason a first because it be not the intention of the say Act  to extend to such good and charitable use as the use in our case be for to  separate are temporal and the time when this be make be to be consider and as  to that first it be well know that before that time all the clergy of England  have acknowledge king Henry the eight to be supreme b head of the church of  England e and before that time diverse superstition and error in the Christian  religion which have a pretence and semblance of charity and devotion be  discover by the light of God word therefore to take away such c superstitious  use as to pray for soul suppose to be in purgatory and the like that statute  be make and not to prohibit the erect of grammar school and relief for poor  man for no time be so d barbarous as to abolish learning and knowledge nor so  uncharitable as to prohibit relieve the poor beside it be to be observe that  this statute do not make the feoff or other conveyance void nor give the lord  any title to enter for mortmain as the statute conveyance to be make to  nominal feoff to the use of themselves and their successor by which mean they  become entitle to the profit of the estate Inst to put a stop to this method  of evade the law the r c enact that the land which have be so purchase to use  shall be amortised by licence from the crown or else be sell to private person  and that for the future use shall be subject to the statute of mortmain and  forfeitable like the land themselves see Bl Com that edit reev H1st ED sand Us  b Poph c cro Elizabeth   d Poph a cro Elizabeth pult de pace a palm Poph   b    light a b   e see reev H1st ED c Poph   a d   a b sand Us coke report b er p  of r cap do but only make the use void so that the feoff shall notwithstanding  the declaration of such use be seize to the use of the feoff and e his heir  and then it can be intend that the design of the maker of the say yet be to  make good and charitable use and intent void and the rather because if the  feoff have reserve but a f penny rend or have take a penny in consideration of  the feoff then although the statute make void the use express yet the feoff  shall be seize to their own use and not to the use of the feoff f in which  case as great loss will be to the lord of their ware relief escheat c as if  the good use have continue and notwithstanding the say Act the feoff in such  case may have maintain the good use without any penalty or danger and  therefore it seem to they that the say Act of Henry in make the use only void  be of little or no effect they likewise say that the say Act of Henry be the  first Act that be make against superstitious use and then be the act coke  Report24b of and h make to abolish the usurp authority of the pope c and then  the act of h and h be make to suppress abbey priory nunnery c and afterward  the statute of a h and e for chantry college c obit and all such superstitious  use be make but by none of these act good and charitable use as the use in our  case be take away abolish or make void but rather by the Act of I e they be  intend to be maintain as appear by the preamble thereof g Viz for the  education of youth in virtue and piety at grammar school for the further  augmentation of the university and the better provision of the poor and needy  which by the say Act of e be call good and godly use and therefore it shall  not be intend that such good and godly use be make void by the statute of b h  n and as to the say proviso for except certain good use out of the statute of  h the same be rather to satisfy some burgess of the parliament who be ignorant  in the law than for any necessity as in the statute of c e c the body of the  Act extend only to office concern the administration of justice or the king  revenue as receiver controller treasurer aulneger auditor and surveyor and yet  the keeper of a park be except out of the same more for the d satisfaction of  some ignorant burgess than for any necessity and so they conclude that good  and charitable use not favour of any superstition as to find grammar school to  relieve poor man or any such good use be not make void by the say Act of h but  e only superstitious use and so have the statute in common opinion be always  take I for almost all the land belong to the town or borough not incorporate  be convey to e Syd sheep touch sand Us count salk but see post p a n d Fonbl  Tr Eq n j Poph a Ro r   a a Ro Ves sheep touch f as to the alteration in the  law with regard to charitable disposition by the statute Geo c seepost n V Ed  a   light a hob dyer pl latch   a palm cro Elizabeth Com dig use n g as to the  influence of the preamble in the construction of statute see Inst a I Bac Abr  statute Ves crespigny v Wittenoon t r mason v Armitage Ves the king v pierce  maul and S ED wood Conv sand Us Cru dig d edit b hob hard palm Poph Com dig  use n h that it be a rule that statute make in acquire means be to be take  together in construction bravo dougl Inst I p loft king v excise commissioner  t r king v mason id maul and S Bac Abr statute ED c hard d Poph Plowd a e Poph    a b   light a Bl Com salk I that common opinion act u on be evidence of what  the law be Isherwood v Oldnow maul and S Inst b I ten ED coke report a er p  several inhabitant of the parish and their heir upon trust and confidence to  employ the profit to such good use as defray the tax of the town repair the  highway repair the church maintain the poor of the parish or support other  charge of the parish and no such use although they be common almost in every  town be ever make void by the statute of h and it will be a thing  dishonourable to the law of the land to make such good use void and to  restrain man from give land to such good use and a e case report by Bendlowe  sergeant at law be cite by which it appear that it be hold in the common plea  in and e that a feoff to the use of poor people be not within the say Act of  Henry and the second reason that the queen counsel give be admit that good and  charitable use be make void by the say Act of h yet the condition be not void  as our case coke Report25a be for he have devise that his wife shall have his  land and tenement upon condition that she by the advice of learned counsel in  convenient time after his death shall assure all his land and tenement for the  maintenance and continuance of the say free school and almsman and almswomen  for ever so that although the say use be prohibit by the say Act yet the  testator have devise that counsel learned shall advice how the say land and  tenement shall be assure for the maintenance and continuance c and that may be  advice lawful videlicet first to make a corporation of they by the king letter  patent and afterward by a licence to assure the land and tenement to they king  so if a man devise that his executor shall by the advice of learned counsel  convey his land to any corporation spiritual or temporal this be not against  any Act of parliament because it may be lawful do by licence c l and so  doubtless be the intent of the testator for he will have the land assure for  the maintenance and continuance of the free school and poor for ever which can  be do without incorporation and licence as be aforesaid wherefore as the case  be this condition be not against law and because it may be lawful devise and  do although the use have be prohibit as it real be not the wife be bind to e  Ves jun pale yellow Us Bac Abr use c charitable use e a keb king as to the  king power of grant licence to alien or purchase in mortmain see Inst a two  and n ib Bl Com stat e stat c and and W c which latter statute extend the  operation of the king licence so as to prevent a forfeiture to other lord as  well as to the king himself Inst a I by stats Elizabeth c c make perpetual by  James c land may be give to hospital without obtain any licence in mortmain  and the car c for the augmentation of poor live provide that appropriators may  annex the great tithe to the vicarages and that all benefice under per annum  may be augment by the purchase of land without licence of mortmain and a  similar provision have since be make in favour of the governor of queen  whether bounty by stat and Ann c S see post n V of the incorporation of  commissioner for Bedford level by stat car c and of purchaser of the feefarm  rend of the crown by stat Charles c and subsequent statute authorize the sale  thereof see also the statute mention in n V post as except certain charity out  of the operation of the Geo c which restrain gift in mortmain by will for the  history and progress of the law prohibitory of conveyance in mortmain see Inst  Bl Com highmore charitable use ED l but at this day such a devise will be void  by the statute of mortmain Geo c see n V in Widmore v Woodroffe Ambl bro c c a  devise to the corporation of queen whether bounty be hold void because the  corporation be bind by their rule confirm by the king under the great seal to  lie out their fund in the purchase of land it be urge that a power be reserve  to the crown to make new rule and the point be suggest whether if such a law  be to be make it will not extend to the case but by the court the legacy must  take place at the death of the testator or be void at that time and the right  vest in another but bequest to the governor of this charity be now except out  of the statute of mortmain see infra n V ED coke report b er p perform it quod  to be concession per curian m three admit the use be prohibit by the say Act  and that the reference to counsel learned will not exempt the same out of the  Act yet the statute of and h of will have as it seem take away the force of  the say Act b h for the word of the statute of and h be that all and every  person have a sole estate in feesimple n of any manor c shall have full and  free liberty power and authority to give dispose will or devise to any person  or person c except body politic and corporate oh by his last will and  testament in write or otherwise by any other act lawful execute in his  lifetime all his manor c at his own free will and pleasure any law statute  custom or other thing heretofore have make or use to the contrary  notwithstanding so forasmuch as body politic and corporate be only except it  seem that company not incorporate be design include and not except and the  rather because it be say in the end of the clause any law statute c to the  contrary notwithstanding and there be not any statute which have any colour to  restrain conveyance or devise to these good use but the statute of Henry and  therefore that statute be take away by the say fact of u Henry and these act  of Henry as to that purpose will have a kind and coke Report25b favourable  construction for the maintenance of learning and good and charitable use p and  upon the same reason it be agree in Michaelmas Elizabeth report by the Lord  dyer a fol b that the statute of Philip and mary shall be favourable expound  for where a devise be make to the master fellow and scholar of Trinity college  in Cambridge for find of certain grammar school and poor scholar c that devise  be hold good by the equity of the say Act for it be out of the letter of it  and that for the maintenance of learning and good and charitable use Q but the  say act of h have sufficient word to take away the say Act of h as to the  preservation of good use and law b m earlier times opposite direction abrogate  r but as to that the baron do not deliver m see the last note and post n V ED  b Counterfeit light III b roll Rep n or seize in feesimple in coparcenary or  in common stat and h c S except femescovert infant idiot and person of nonsane  memory S see post   dyer hob Inst I n for the construction of the statute of  will seepost                   Inst b a two and the note ib Evans stats p Cl  as to the history of the power of dispose of land by will see Inst b two p ED  c hob Bulstr die pl oh see n V post ED p so hold upon construction of the  statute Elizabeth c see Prec Ch pale yellow Rep p wms duke as to the favour  which our law show to charity see post n V and the case there cite and that  the civil law be also peculiar favourable to they roof ED a   a jenk cent she  hob keb   l a hob roll Brownl roll Rep keb Raymond style godb roll Q the  statute of and Ph and mark c by which gift or devise of land to spiritual  corporation be express allow be repeal by Elizabeth c S but now by statute  Elizabeth c a devise to a college be good lev Bl Rep as to the exception in  the mortmain Act in favour of the two university and their college c see n V  post ED b   b b   b Stamf ask first b   roll Inst godb r as to this rule in  the construction of statute see dr forster case post   b Bl Com Inst I r  Harcourt v fox show Exparte Carruthers east door v grey t r vin Abr statute e  pl and the reference cite in n b sup ED coke report b er p their opinion  because they resolve upon the two first point and as to that which be say that  the c condition if it be good be not find to be break S it be say by the Queen  counsel that it be clear break by matter apparent in the verdict for when the  wife have the estate upon condition that she by the advice of counsel learned  in all d convenient time shall assure c and the jury find that she continue  seize until e and then make the lease for forty year ut above here appear a  double breach of the condition saint that she have not make the assurance in  convenient time t for in effect the jury have find that she do not make it in  eight year t and by the make of the lease she have e disable herself to  perform the condition as Littleton sect u if feoff upon such condition take a  wife or charge the land or bind himself in a statute merchant or staple these  be breach of than condition and e b and e accord a strong in this case the  wife by make of the say lease have break the condition and therefore the heir  of the testator have lawful cause of entry and afterward in that term upon a  motion make the baron say that they be resolve saint that the statute of f h  do not extend to take away the good and charitable use in the case at the bar  and second that the condition for the cause aforesaid be break and thereupon  they command the last Monday of the term that judgement shall be enter for the  queen and the same day judgement be give in the king bench in the like case  upon the say statute of h so the law in this case be resolve by sir Roger  manwood and all the baron of the exchequer and by sir John Popham and all the  justice of the king bench betwixt h John Gibbons plaintiff and Thomas  Maltywade and John Marston defendant in a ejection strong of land in e in the  county of Suffolk and judgement there give accord c light r S with regard to  what shall be deem a sufficient find in a special verdict see lodge v Jennings  pale yellow Eq Rep Com dig pleader S to S Bac Abr verdict d vin Abr trial u f  ante p a n r and case there cite when it shall be aid by a special conclusion  Com dig S to S Bac Abr verdict e vin Abr trial b g and as to amend special  verdict ante p a n r ED d palm t Bac Abr condition p t and wherever the act be  to be do to a stranger and for his benefit only whether it be to pay money  make a estate or the like and no particular time be appoint for the  performance of the condition it must be do immediate that be within a  reasonable time for otherwise the stranger will lose the profit in the  meantime Inst b b two roll Abr sheep touch see further as to the time for  performance of condition Inst a b a two and n e ib sheep touch Com dig  condition g to g vin Abr condition c b to m b Bac Abr condition p ED e light  sect Perk sect   light a b a   b a h b Br condition ass h b   a cro Elizabeth  and more Poph hut Ro S   a b   b roll Rep vin Abr condition c b pl Com dig  condition m Bac Abr condition u as to the breach of a condition by a  disability to perform see post   b b and the note there Inst b a b b two sheep  touch Com dig condition m to m vin Abr condition a c Bac Abr condition ED f    I a b cro Elizabeth   l a Poph pult de pace a hob Balst r Ves jun Ves salk  sand use Bl Com vin Abr mortmain a pl Com dig use n Bac Abr charitable use c h  cro Elizabeth more   a Popb vin Abr mortmain a pl coke report a er p coke  Report26a note reader that any man at this day V may a give land tenement or  hereditament to any person or person and their heir for the find of a preacher  b maintenance of a school relief and comfort of maim soldier a pult de pace a  Gibs burn ecclesiastical law that edit vin Abr mortmain a pl Com dig use n Bac  Abr charitable use c b hob Com dig use n Bac Abr charitable use c hob Com dig  use n duke V charitable use we have see be not affect by the statute make for  the suppression of superstitious use and in order to preserve they from  mismanagement the Elizabeth c give authority to the Lord chancellor or Lord  keeper and to the chancellor of the duchy of Lancaster Inst respective to  grant commission under their several seal to inquire into any abuse of  charitable donation and rectify the same by decree which may be review in the  respective court of the several chancellor upon exception take thereto but  though this be do in the petty bag office in the court of chancery because the  commission be there return it be not a proceed at commonlaw but treat as a  original cause in the court of equity the evidence below be not take down in  write and the respondent in his answer to the exception may allege what new  matter he please upon which they go to proof and examine witness in write upon  all the matter in issue and the court may decree the respondent to pay all the  cost though no such authority be give by the statute a appeal lie from the  chancellor decree to the house of lord Bl Com cite duke Burford v Senthill in  Ch that may but the commission by virtue of this statute do not extend to the  college and hall in Oxford or Cambridge the college of Eton Westminster or  Winchester the cathedral or collegiate church or the university itself duke  nor to city or town corporate where there be a special governor nor to any  college hospital or free school which have a special visitor appoint by the  founder or a visitor by operation of law see the case of Kirkby Ravensworth  east Ves and case there cite except in respect of land give to they on a  collateral charity as to mend road attorneygeneral v harrow school Ves and the  court of chancery will not interfere where there be local visitor or where the  charity be establish by charter unless the person appoint as visitor or  governor have also the management of the revenue Ves attorneygeneral v  Middleton Ves atk attorneygeneral v foundling hos pital bro c c Ves jun  attorneygeneral v Dixie Ves ex part Berkhampstead free school Ves and b with  respect to the right of visitation see highmore on charitable use Inst I m by  the statute Geo c charity may in case of abuse of trust be believe upon  petition see ex part Berkhampstead free school sup ex part Rees Ves and b ex  part Skinner in re Lawford charity Meriv will Ch Rep in re Slewrings charity  mere App ex part greenhouse Swanst will Ch Rep Inst I m and a late statute  give additional facility to application to court of equity regard the  management of estate or fund belong to charity stat Geo c S and by the that  section of this Act where the regulation of a charity be insufficient for a  due administration of the fund the trustee may apply by petition to the court  of chancery or to the court of exchequer sit in equity for relief purchaser  for valuable consideration good fide have no notice of the charitable use be  exempt from the operation of the statute Elizabeth c S see also stats Geo c  Geo c S Geo c S but a purchaser who have buy either for a inadequate  consideration that be under half the value of the land see duke Baldwin v  Rochfort Ves Sugd vend that edit or of a person who have notice east  Greensteads case duke will be bind by the decree of the commissioner duke Sugd  vend the statute Elizabeth c have receive a very extensive construction in  favour of coke report a er p sustenance of poor people reparation of church  highway bridge causeway Com dig use n charity it be hold that it supersede and  repeal all former statute pale yellow Rep p wms and supply all defect of  assurance either in the giver or receiver where the donor have full power and  be of capacity to convey duke jesus college case duke collinson case hob so as  such use be declare in write or be establish by such evidence as be necessary  in other case of trust Adlington v Cann Barnard Higlimores charitable use  saint edit attorneygeneral v spillet Highm Muckleston v brown Ves thus a  settlement by tenant in tail by deed without fine or recovery to the use of a  charity have be hold to be valid by way of a appointment Tay v slaughter Prec  Ch so a conveyance to charitable use defective on account of the use be limit  to certain officer of a corporation and not to the corporate body be aid under  this statute attorneygeneral v Tancred Ambl Bl Rep Eden Rep so where money be  give general to a parish it be hold that it must be intend to the poor of the  parish Charles can so a legacy to the poor inhabitant of saint Leonard  Shoreditch be declare to go to the poor not receive nourishing attorneygeneral  v clarke Ambl and a bequest to the widow and child of seaman belong to the  town of l Powell v attorneygeneral Meriv and even to poor relation general  have be support white v white Ves attorneygeneral v price Ves lsaac v de friez  ib again if a man by his will give property to such person as he shall  hereafter name to be his executor and afterward appoint no executor or if have  appoint a executor he die in the testator lifetime and no other be appoint to  supply his place in either of these case as to individual the testator must be  hold intestate and his next of kin will take the estate but to give effect to  a bequest in favour of charity the court will in both instance supply the  place of a executor and carry into effect that which in the case of individual  must have fail altogether and in all case where a testator have express a  intention to give to charitable purpose if that intention be declare absolute  and nothing leave uncertain but the mode of effect it the court will supply  the mode and it make no difference as to the validity of the bequest whether  the testator have or have not name a executor to carry those purpose into  effect Meriv so before the Geo a devise in mortmain to charitable use not be  within the statute of will be allow to take effect as a appointment flood case  hob the king v Newman lev and a devise of land to the churchwarden of a parish  for charitable purpose though void of law they not be a corporation capable of  take in succession be yet sustain in equity Bl Rep so where a impropriator  devise to one who serve the cure and to all that serve the cure after he all  the tithe c though the curate not be a corporation be incapable of take by the  devise yet it be hold that the heir of the devisee shall be seize in trust for  the curate for the time be vent and a estate may pass by a devise of a  copyhold without surrender attorneygeneral v Andrews Ves but not b a will not  execute with the solemnities require by the statute of fraud car c  attorneygeneral v banns Prec Ch but now by statute Geo c in order to prevent  the public inconvenience which may result from large and improvident  disposition make by person on their deathbed even for purpose in themselves  laudable it be enact that no land or tenement or money to be lie out thereon  shall be give for or charge upon any charitable use whatsoever unless by deed  indent execute in the presence of two witness twelve calendar month before the  death of the donor include the day of the execution or the death and enrol in  the court of chancery within six month after its execution except stock in the  public fund so as the same be transfer six calendar month previous to the  donor death and unless such gift be make to take effect in possession see do d  Thompson v pitcher maul d S and be without power of revocation and that all  other gift shall be void the statute contain a exception of purchase or  transfer make for valuable consideration see coke report a er p discharge of  poor inhabitant of a town of common charge for make of a Com dig use n  attorneygeneral v day Ves but where a lease of land be grant to trustee of a  dissent congregation in consideration of their lie out pound in enlarge and  repair the meeting house before build on the land ureserving a peppercorn rend  during the life of the lessor and a year to his executor after his death it be  hold to be a assignment of land either to a superstitious use within the h c  or a charitable use within the Geo c and not within the exception of the  latter statute no money be actual pay to the lessor as a consideration for  grant the lease do v hawthorn barn and a the two university their college that  be college establish at the time of pass the Act attorneygeneral v Tancred  Edward Rep but see attorneygeneral v bowyer Ves and the scholar upon the  foundation of the college of Eton Winchester and Westminster be also except  out of this Act subject to a proviso that no college shall be at liberty to  purchase more advowson than be equal in number to a moiety of the fellow c see  attorneygeneral v green bro c c which restriction however so far as it relate  to the college or house of learning within the two university of Oxford and  Cambridge be repeal by the Geo c but the exception in this last statute do not  extend to a grant of land to a college not beneficial but in trust for other  object attorneygeneral v Manby Meriv case of Christ college Cambridge l Bl Rep  attorneygeneral v Tancred Edward Rep by statute Geo c disposition in favour of  bath hospital be except out of the mortmain Act and by the Geo c land may be  devise to the governor of queen whether bounty and by the Geo c personal  property may be give to this charity without deed by statute Geo c person  possess in their own right and not be under any disability may by deed enrol  in England under stat h c and in Ireland under c saint c S or by will execute  three month before their decease give land not exceed five acre or good and  chattel not exceed for the purpose of promote the building or repair of church  and chapel and of house for the residence of minister and for the provide of  churchyard and glebe and by statute Geo c the mortmain Act shall not extend to  disposition in favour of the royal naval asylum and the Geo c contain a  proviso that the Act shall not extend to the disposition grant or settlement  of estate in Scotland and a devise of money to be lie out in land in Scotland  for charitable purpose have be hold good Oliphant v Hendrie bro c c Mackintosh  v townsend Ves so money give to a charity in Ireland to be lie out in the  purchase of land in Ireland be not within the statute Campbell v earl of  Radnor bro c c but a devise of a real estate in England to be sell and the  produce with the personal estate upon trust to be lie out in land or the fund  for the maintenance of a charity in Scotland be void as to the real estate but  good as to the personality by the effect of the option Curtis v Hutton Ves the  attorneygeneral v levine Ves see further as to the operation of the Act with  reference to locality of property Campbell v earl of Radnor bro c c Oliphant v  Hendrie I bro c c Mackintosh v townsend Ves and the late case attorneygeneral  v Stewart in which it be hold that the statute do not extend to the devise of  a real estate situate in the island of Grenada in the west Indies the court  observe that the object of the statute of mortmain be whole political that it  grow out of local circumstance and be intend to have only a local operation  per sir W grant master of the roll Meriy upon the construction of the statute  of mortmain it have be hold saint that it do not extend to will previous make  though the testator do not die till afterward Ashburnham v Bradshaw atk  Barnard attorneygeneral v Lloyd Ves Willet v Sandford Ves attorneygeneral v  Downing Ambl AttornqyGeneral v haw Feb attorneygeneral v Bradley Edward Rep  but a republication of a will or a confirmatory codicil make after the statute  render the disposition void attorneygeneral v Heartwell Ambl SC Eden Rep and  with respect to the subject upon which it operate as be real estate the coke  report a er p stock for poor labourer in husbandry and poor apprentice and for  the marriage of statute be hold to include copyhold as well as freehold land  Arnold v chapman Ves do d Howson v Warerton Ban and a and as a devise of money  out of land be construe a devise of the land itself attorneygeneral v Lord  Weymouth Ambl Curtis v Hutton Ves all devise charge trust sum of money c  devise out of land to a charitable use be hold to be within the statute Dallon  v James cit mogg v Hodges Ves Arnold v chapman Ves curry v pie Ves it be also  hold to comprehend term attorneygeneral v grave Ambl attorneygeneral v Tomkins  Ambl money due on mortgage attorneygeneral v Meyrick Ves attorneygeneral v  grave sup attorneygeneral v Caldwell Ambl white v Evans bro c c Ves even as  form a part of a general residue Pickering v Lord Stamford Ves jun white v  Evans Ves Johnston v Swann and other mad Rep a right to lie more chain on the  Thames negus v coulter Ambl money secure upon mortgage of turnpike toll Knapp  v William Ves n or by assignment of the poor rate and county rate finch v  squire Ves or of navigation share and turnpike bind house v chapman Ves d the  prohibition as to money to be lie out in land extend to a disposition to pay  off a mortgage in favour of a charity Corbin v French Ves or to enable trustee  to complete a purchase of land ib arg but as the bequest of money general be  allow so a bequest of money to be lie out in land or otherwise to a charitable  use at the discretion of the trustee be good Vaughan v Farrar Ves Grimmelt v  Grimmett Ambl Soresby v Hollins Grayson v Atkinson cit ib Curtis v Hutton Ves  attorneygeneral v William Cox Rep though it seem otherwise where the clause to  invest it in land be directory and not discretionary see English v Ord  highmore grieve v case Ves jun SC Cox Fonbl Tr Eq that edit a bequest of money  to be lie out in repair a chapel already build or for building upon or improve  land already in mortmain be valid Glubb v attorneygeneral Ambl Harris v barn  Ambl brodie v duke of chandos cit Ambl attorneygeneral v bowl Ves atk  attorneygeneral v bishop of Chester bro c c attorneygeneral v Nash bro c c  attorneygeneral v parson Ves attorneygeneral v Mumby Meriv but if the land be  to be purchase out of the fund bequeathe the bequest will be void  attorneygeneral v Tindall Ambl attorneygeneral v Hutchinson dick chapman v  brown Ves foy v foy Cox Pelham v Anderson Eden attorneygeneral v parson sup  attorney general v Davis Ves though where the testator only direct that a  proper schoolhouse shall be provide it be hold to be a valid charitable  donation as the intent may be execute by the hire of a schoolhouse without  necessity for the purchase of land Johnston v Swann and other mad Rep so a  bequest of money to erect a blue coat school and establish a blind asylum with  a direction that land shall not be purchase and the expression of a  expectation that land will be give for the charity have be hold good Henshaw  and other v Atkinson and other mad Rep that where a disposition of land for  charitable purpose be void by the statute a personal bequest attach to it as a  endowment must fall with its principal see attorneygeneral v Goulding bro c c  attorneygeneral v Whilchurch Ves chapman v brown Ves attorneygeneral v Davis  Ves but it be otherwise where the bequest of the personal property be not  necessary connect with the devise of the land attorneygeneral v Stepney Ves  and see Blandford v Thackerell Br c c Ves jun where a bequest of real and  personal estate to a trustee to take a house for a school to educate child and  grandchild of certain relation of the testator and other child be hold good as  to the particular object though bad as a general charity under the mortmain  Act however in white v white Ves attorneygeneral v price Ves Isaac v de friez  ib disposition to poor relation be sustain as general charity ante p a that a  bequest of money charge on both the real and personal estate though void as to  the realty be good as to the personal estate but the court will not marshal  coke report a er p poor virgin or for any other charitable use W and it be  good policy upon Com dig use n cro car duke asset so as to give a charitable  legacy a preference in the application of the personal estate and throw a  great burden on the real estate in respect of debt and other legacy mogg v  Hodges Ves attorneygeneral v Tindall Ambl Eden foster v blayden Ambl  attorneygeneral v Meyrick Ves Hilliard v tailor Ambl Middleton v spicer bro c  c Makeham v Hooper bro c c the court will however direct the charge of legacy  and debt to be bear by the different species of pe rsonal estate pro rabi  attorneygeneral v Winchelsea bro c c house v chapman Ves price v the  archbishop of Canterbury Ves Curtis v Hutton Ves that where a devise be to a  charity and make void by this statute the property accord to its nature will  go to the heir at law or next of kin see de Costav de Pas Ambl Arnold v  chapman Ves Grosvenor v Hallam bro c c Ambl Corbin v French Ves avoid  charitable legacy of personalty or real estate convert out and out into  personalty Durour v motteux Ves or a bequest of leasehold premise to a charity  fall into the general residue Stanley v Barker Ves but in case of a bequest  upon trust to sell and pay the purchase money or a particular part thereof to  a charity the heir be entitle to the amount give to the charity Ackroyd v  Smithson bro c c Gibbs v Rawsey Ves and b unless there be a deficiency in the  fund provide for payment of the other legacy when the legatee will be prefer  to the heir curry v pie Ves if a estate be devise to a person subject to  charitable legacy the legacy will sink for the benefit of the devisee Jackson  v hurlock Ambl wright v row bro c c king v denison Ves and b but where a  devise in fee be accompany with a desire that the devisee will convey to some  charitable use and the will afterward contain a bequest to he of ail estate  for life it be hold that the whole of the former devise and not mere the trust  be void for the statute make void not mere the trust but also the legal estate  give donc v wright barn and a as to secret trust of land for charity see  Muckleston v brown Ves Strickland v Aldridge Ves pain v hall Ves Edward v pike  I Eden Rep boson v Statham Eden Rep ED W with respect to what shall be deem a  charitable use the statute Elizabeth c enact that the commissioner shall  inquire of the follow use as good and charitable videlicet for relief of age  and impotent and poor people for maintenance of sick and maim soldier school  of learning free school scholar in university house of correction for repair  of bridge of port and haven of causeway of church of sea bank of highway see  viscount Gort v attorneygeneral dow for education and preferment of orphan for  marriage of poor maid for support and help of young tradesman of  handicraftsman of person decay for redemption or relief of prisoner or captive  for ease and aid of poor inhabitant concern payment of fifteen set out of  soldier and other tax other gift though not within the letter have be hold to  come within the equity of the statute as for the building of a hospital for  the relief of poor people Vaughan v Farrer Ves duke to maintain a preach  minister Popb duke Ves attorneygeneral v Newcomb Ves to a protestant dissent  chapel whether quaker baptists or other attorneygeneral v cook Ves  attorneygeneral v foul Ves except Unitarians for the impugn the doctrine of  the Trinity be a offence indictable at commonlaw notwithstanding the Geo c and  therefore the court will not execute a trust the object of which be to support  a worship oppose to that doctrine attorneygeneral v Pearson Meriv to maintain  a schoolmaster see Fonbl Tr Eq for the building a sessionshouse for a city or  county the make of a new or repair of a old pulpit in a church or the buy of a  pulpitcloth or pulpitcushion or the set up of new bell where none be or amend  they where they be out of order duke turner v Ogden Cox for the establishment  of a lifeboat if judge expedient by the trustee Johnston v Swann and other mad  Rep to a minister to preach a annual sermon and keep a tombstone and  inscription in repair and to a coke report a er p every such feoff or estate  to reserve a small rend to the feoff and his heir or corporation for keep  account thereof Durour v motteux Ves see also grieve v case bro c c Townley v  bedwell Ves do d Thompson v pitcher maul and S marsh taunt so it seem money  raise by a duty give by Act of parliament and apply to public purpose as  repair sea wall c be a charitable use within the statute of Elizabeth  attorneygeneral v brown Swanst Rep duke with respect to gift to charitable use  where no specific description of object be point out the general charitable  intention will nevertheless be carry into effect but the fund must be apply  whether the application be to be make by trustee appoint by the testator or by  the king as parent native land see the attorneygeneral v matthews lev  Moggridge v Thackwell Ves Inst I f post   n to purpose express in the stat  Elizabeth c or analogous to those morris v the bishop of Durham Ves see also  attorneygeneral v Herrick Ambl attorneygeneral v the painter Com a Cox  Moggridge v Thackwell sup mill v farmer Meriv and where a charity can be  execute as direct but the general purpose appear distinct and may be in  substance attain by another mode it shall be execute by pres attorneygeneral v  Whitchurch Ves if not only the general purpose appear but also a particular  description of person or object be refer to though as between such person or  object the party have make no selection yet the court will confine its  discretion in supply such omission within the limit of such general  description while v while bro c c Moggridge v Thackwell sup bro c c  attorneygeneral v clarke Ambl Waller v child Ambl attorneygeneral v Whiteley  Ves attorneygeneral v Wansey Ves where the object of the gift be certain but  not at present in be yet if its existence may be expect hereafter the court  will neither consider the gift lapse nor apply it to a different use aylett v  Dodd atk Downing college case Ambl attorneygeneral v Oglander bro c c Fonbl Eq  and if the charity or object of the gift be precise point out and fail or be  illegal yet the charitable intention will be carry into effect attorneygeneral  v city of London bro c c caryi v abbot Ves but the court will not execute a  charitable purpose unless the will contain a description of that which the law  acknowledge to be a charitable purpose or devote the property to purpose of  charity in general morris v the bishop of Durham Ves the attorneygeneral v  Stepney Ves and a bequest for benevolent purpose in the discretion of the  trustee have be hold to be void for uncertainty it be a term distinguishable  from a charitable purpose morris v the bishop of Durham Ves James v Allen  Meriv with respect to the application of surplus rend when a testator have  devise his estate to charitable use and have point out the particular object  of his bounty the court construe his intention imperative to be not only in  exclusion of his next of kin but to the disinherit of his heir at law and they  uniform decree the surplus rend and profit to the augmentation of the charity  upon the ground that as the charity must have bear the loss if the value of  the thing devise have decrease it shall enjoy the benefit of its increase case  of Thelford school post   Arnold v attorneygeneral show p c attorneygeneral v  mayor of Coventry Colless p c bro p c vern attorneygeneral v price atk log  attorneygeneral v smart Ves attorneygeneral v Johnson Ambl attorneygeneral v  spark Ambl shepherd v the corporation of Bristol mad Rep and the court will  either increase the bou limit to the object attorneygeneral v Minshull Ves or  if the fund be very considerable in proportion to the object it will apply the  surplus upon the principle of cy pres for the benefit of the same object to  purpose not express point out by the will the bishop of Hereford v Adam Ves or  after provide for the maintenance of those already establish will extend the  bounty by increase the number of object of the same description with those  point out by the testator attorneygeneral v earl of Winchelsea bro c c  attorneygeneral v haberdasher company or turner Ves jun bro c c  attorneygeneral v burst Cox attorney coke report b er p to express some such  consideration of some c small sum for the cause before rehearse X