case attorneygeneral versus hudson Lord chancellor Parker Eq can ab pl two  school in the same town one a freeschool and the other a charity school for  boy and girl a devise pound to the charity school though both be charity  school yet only the charity school for boy and girl shall take legacy to a  charity shall abate in proportion with other legacy on failure of asset one  pen of saffron Walden in Essex and several other subscribe to a charity school  there of twelve boy and twelve girl which subscription be only during the  pleasure of the benefactor pen delight with see these charity child declare he  will leave they something at his death there be also a free school in the same  town and pen make his will give to the charity school and several pecuniary  legacy to his poor relation and die the executor insist on the want of asset  Lord chancellor though the free school be a charity school yet the charity  school for boy and girl we at more common peer William by that name and as the  testator be fond of the latter and declare he will leave they a legacy  therefore that and not the free school be entitle thereto so let the legacy be  bring into court with interest from the end of the year after the testator  death and in case of a deficiency of asset let all the pecuniary legacy as  well that to the charity as other abate in proportion for though the Roman  prefer a pious or charitable legacy to other yet our law do not they be all  but legacy and equal intend by the testator to be pay it will be hard that one  of they by be prefer shall frustrate all the test beside the other legacy be  give to several of the testator poor relation they be charity also and because  it be object that on the fail of the charity school the charity ought to  revert to the founder therefore in such case I give liberty to the party to  apply again to the court peer William er p vide ante Tate v Austin and master  v master but the spiritual court give the preference to charity legacy and in  such case Lord keeper north will not enjoin they vide vern Fielding v bind