adlington and can July how far the court will require a discovery of secret  superstitious use not reduce into write the bill set forth that on the saint  of August Laurence Hollester make his will and thereby devise a house in  Bristol to a friend of his William Cann and his heir that he likewise devise  to William Cann and a kinswoman of his mary Andrew and their heir all the  residue of his real estate he likewise give they all his personal estate  except a legacy of guinea which he give his daughter the wife of Adlington for  mourning the bill charge that this devise be Barnardiston er p make to William  Cann and mary Andrews for charitable purpose and that there be some secret or  personal trust or some other declaration of trust for that purpose not in  write the bill charge that the testator die soon Barnardiston after the make  this will and that Cann and Andrews have begin a building for a hospital with  the testator estate and thereupon the present bill be bring by the wife of  Adlington the daughter and heir of the testator against Cann and Andrews to  have a discovery of this trust and to have the will set aside as be contrary  to the statute of the that of the present king to so much of this bill as seek  a discovery of any secret trust relate to this will or any personal trust or  any other declaration of trust not in write and as to the discovery of any  such trust and the particular relief pray only the bill or any other relief  whatsoever the defendant plead in bar that the testator do make such devise to  they as in the bill be set forth and by that will the testator declare that  the same be in consideration of meritorious service which he have receive from  they and that if any such trust there be that the same be void by car by  reason of its not be reduce into write and by way of answer they set forth  that there be find among the testator write after his death a paper to the  follow effect the Title of it be rule and request touch a certain will date  the d of August by this paper he take notice of the charitable disposition in  Cann and refer himself to another paper but as it be swear by the answer no  such paper can be find this plea be now set down to be argue Mr clark argue as  counsel for the defendant and for authority cite the case of the king and lady  portington in salk and Mr Murray on the same side cite the case of brown and  Selwyn a few year ago in the house of lord Barnardiston Lord chancellor say  his opinion be that the plea ought to stand for a answer with liberty to  except at the hear of the Cause be this plea absolute to be allow it may be a  mean of evade the intent of the statute make in the that of his present  majesty in the present case his lordship say that there be two matter proper  for his consideration the one the merit of the Cause namely how far this will  and Paperwriting will be good notwithstanding the late Act of parliament and  in the next place the extent of the plea as it be plead in the present case  with regard to the merit of the Cause the plea set forth that the testator  devise a house of his in Bristol to William Cann and his heir and that he  devise the residue of his estate to the same William Cann and mary Andrews the  testator declare indeed the consideration of this to be meritorious service  that he have receive from they but it be a easy thing to insert a  consideration of that sort by the answer the Paperwriting be admit though that  Paperwriting be mention in no part of the plea the Title of it be rule and  request touch a certain will date the d of August the date of the will be here  mistake in one day for the will be make the saint of August however it plain  relate to the will in question the Paperwriting mention the charitable  disposition in Cann and refer it self to another paper but it be swear by the  answer that no such paper can be find thus the matter stand on the will and  the Paperwriting and on the hear of the Cause it may be a material question  whether this devise will not be void by the statute that have be mention with  regard to the second question namely the extent of the plea it not only go in  bar of any discovery and to the particular relief pray by the bill but in bar  of any other relief touch the real estate his lordship say if he be to allow  this plea and the plea be to be reply to and prove the hand of Barnardiston  the court will be close but this in the present case ought not to be it have  be say that the devise be absolute to Cann and Andrews and that no charitable  purpose appear in write for which reason it have be contend that the statute  of fraud and perjury will be a bar to the give of any relief in favour of the  suppose charity though the statute of the that of the present king have never  be make it have be say that be a information to be bring for the charity in  the name of the attorneygeneral the defendant will not be bind to discover it  and for the same reason it have be urge that on a bill bring by the heir at  law a discovery of this sort can be have his lordship say he be not clear how  far the statute of fraud may have a effect upon the present case it be a  matter as the plaintiff contend relate to a charity in case where land have be  devise to secret superstitious use the court of Barnardiston er p exchequer  have go a great way in require a discovery of they they have do this in other  case beside that cite out of salk and there it appear that the opinion of the  court of exchequer differ from that of the king bench his lordship say he will  now consider the statute of the that of the present king Geo c the word of  that statute be No manor land tenement rend advowson or other hereditament  corporeal or incorporeal whatsoever nor any sum or sum of money good chattel  stock in the public fund security for money or any other personal estate  whatsoever to be lie out or dispose of in the purchase of any land tenement or  hereditament shall be give grant alien limit release transfer assign or  appoint or any way convey or settle to or upon any person or person body  politic or corporate or otherwise for any estate or interest whatsoever or any  way charge or encumber by any person or person whatsoever in trust or for the  benefit of any charitable use whatsoever unless such gift conveyance  appointment or settlement of any Q Barnardiston such land tenement or  hereditament sum or sum of money or personal estate other than stock in the  public fund be and be make by I d indent seal and deliver in the presence of  two or more credible witness twelve calendar month at least before the death  of such donor or grantor include the day of the execution and death and be  enrol in his majesty high court of chancery within six calendar month next  after the execution thereof so that the direction of this clause be that no  land shall be devise in trust or for the benefit of any charitable use  whatsoever and it may deserve consideration whether trust by parole be not  within the meaning of this clause of the statute as well as trust in write  another observation that may be make upon the extent of this plea be that it  go in bar to a discovery of any secret trust or any personal trust or any  other declaration in trust not in write and it be not clear whether these word  do not extend even to go in bar of a discovery of any secret trust whatsoever  whether in write or not these question be matter of difficulty and will well  deserve to be consider at the hear of the Cause the court have make very  liberal construction in favour of charity before the late Act of parliament  notwithstanding they have not be reduce into write in case of personal estate  there have be a great many instance where legacy have be give by will and the  charitable purpose of those legacy not declare in write yet when there have be  a inception to apply they for those purpose the court have decree they so  accord but the late statute have declare that these sort of gift be against  the common utility and therefore it will deserve to be consider whether now  all kind of trust in land give by will for charitable purpose be not restrain  for these reason his lordship opinion be that the direction which have be  mention ought to be give and so his lordship be please to order accord