case OF Christ college cambridge benefaction to the university how far within  the statute of mortmain S C Amb Eden Mr Tancred by deed d January convey his  estate to feoff to the use of himself for life remainder to his first and  other son in tail remainder to certain officer of Christ college to maintain  certain student there in the science Blackstone er p of physic and divinity  and four student of the law at Lincoln inn and also certain pensioner  videlicet decay merchant soldier and clergyman who shall reside in his capital  house at Wicksley by his will that march duly execute he confirm this deed but  fear the statute of mortmain Geo a may defeat the use thereof he order that in  case the say use or any of they shall be contrary to law the estate so settle  shall go to the fellow and scholar of Christ and Caius college to be divide in  certain proportion for augmentation of their stipend on a information by the  attorneygeneral to establish this charity at the relation of Christ college  against the heir Blackstone at law there arise two question whether this be a  conveyance to charitable use under the statute of Elizabeth b and therefore to  be aid by this court whether it fall within the purview of the statute of  mortmain Geo and be therefore a void disposition per Henley keeper the  conveyance of d June be admit to be defective c the use be limit to certain  officer of the corporation and not to the corporate body and therefore there  be a want of person to take in perpetual succession the only doubt be whether  the court shall supply this defect for the benefit of the charity under the  statute of Elizabeth and I take the uniform rule of this court before at and  after the statute of Elizabeth to have be that where the use be charitable and  the person have in himself full power to convey the court will aid a defective  conveyance to such use thus though devise to corporation be void under statute  Henry d yet they be always consider as good in equity if give to charitable  use there be here no doubt of Mr Tancred power to convey and the use be true  charitable and very proper in themselves the education of poor scholar in the  university student at the inn of court and poor pensioner in his own house  therefore however unbecome Mr Tancred have express himself in his will with  respect to his relation and indeed be seem to have cast off all natural  affection and however reluctant I may be to establish a disposition make under  this turn of mind yet sit here judicial I be oblige by the uniform course of  precedent to assist this conveyance and more especial because it be the  peculiar province of a court of equity to protect man in the freedom of  dispose of their property which be a point of the utmost importance in a trade  country this conveyance therefore be establish under the statute of Elizabeth  e we be next to consider how it be affect by statute Geo Mr Tancred by his  will make a disposition by way of substitution in case the disposition be  within the statute of mortmain then to the fellow c of the two college the  relator admit that part of the disposition be void with regard to the  pensioner and law student Blackstone but then they contend that the  substitution must take place by reason of the exception of the university and  their college in the statute the defendant contend that all be void as well  the substitution as the original use because the devise be not to the body  corporate but only to the particular fellow in their personal capacity No case  have be cite on either side we must therefore form a original construction of  this clause in the statute of mortmain and my opinion be that this be a devise  for the benefit of the whole body corporate have it not be so I shall still  have think that the legislature intend by the exception in the statute to save  a devise for the benefit of particular member as well as of the whole body the  legislature mean to except such devise f as be real and good fide for the  benefit of college not those in which the legal interest only passes to the  college in trust for other charitable use for then the statute of mortmain may  be defeat every day and this devise be for the benefit of the whole society  even of the master himself who must pass through a fellowship and partake of  Mr Tancred bounty in his progress towards the headship Besides we all know  that in these house of education any encouragement for youth to enter into a  particular college be a general benefit and profit to the whole society the  legislature have throw no restraint on these gift when make to the body  corporate of either university or to college already establish there intend  not to increase the number of foundation but to have those better endow which  be already establish they judge that leave this path open will not for some  time be liable to much inconvenience but when they see a inconvenience they  restrain even gift to college live be grantable to these body only till they  amount in number to a moiety of the fellow g lest if the succession be render  too rapid Blackstone er p there shall not be person leave of sufficient age  temper and discretion to govern the society and answer the great purpose of  the foundation this devise to the fellow and scholar contain no circumstance  that intimate any intent to give they the estate in their Blackstone personal  capacity it be clear to they as member of the body corporate for a perpetual  augmentation of the revenue of themselves and successor therefore I shall  decree the disposition to the pensioner and law student void under the statute  of mortmain h but shall establish the exbibitions to the student in divinity  and physic and shall direct the substitution to take place for the benefit of  the fellow and scholar of Christ and Caius college in their corporate not  natural capacity I a c b Elizabeth c see Bac Abr charitable use c c vin Abr  charitable use b d pound h c e but against the express word of the stat S most  clear so that it be accord to the first point in the next page a devise for  the benefit of the whole body corporate ms serj hill f the word devise be not  particular mention in the proviso here allude to which be that this Act shall  not extend to make void the disposition of any land c so that there seem no  just ground for say that the Act make good any disposition whether by devise  or otherwise that be not good before the Act but leaves all disposition as  they stand before the Act that be that such as before the Act be valid shall  notwithstanding the Act continue to be so and those which before the Act be  not good be not make good by the Act ms serj hill and see Ves Jun a g v bowyer  g but S of g c restrict the number of advowson be now repeal by g c h the word  of this part of the decree be these videlicet that the devise of the  additional land and hereditament for the benefit of twelve pensioner and four  law student be void by the statute of mortmain ms serj hill I see Elizabeth c  flood case hob Alt gentleman v green bro c c b v Newman I lie Alt gentleman v  Whorewod I Ves S Att gentleman v Mumby I mere W m c Bac Abr baritable use and  Bennett coll v bishop of London post in the king bench