case the mayor bailiff and commonalty of the city of Coventry appellant  attorneygeneral respondent that march Mews dig three follow in a g v brazen  nose college Cl f a corporation who be trustee of a freehold estate for the  benefit of a charity misapply the increase revenue and gross misbehave  themselves in the execution of their trust and be unable to pay the sum due  from they in consequence of their misapplication and misbehaviour these  circumstance afford sufficient reason for the court of chancery to direct the  trust estate to be convey to person more able and Willing to execute the trust  faithful for the benefit of the poor decree of Lord keeper Harcourt affirm for  the principle on which court of equity act in increase charity as the fund  applicable to they increase see the case of Thetford school Rep Eq ab c Arnold  v attorneygeneral show p c attorneygeneral v Johnson Ambl v spark Ambl v  haberdasher company Tonna bro c c Ves jun v Winchelsea earl bro c r v Minshull  Ves jun from all which case it appear that where the charity must have bear  the loss if the value of the thing devise have decrease it shall enjoy the  benefit of any increase that the court will even extend the bounty beyond the  number of object specify by the testator provide they be of the same  description or will increase the bounty limit to specific object sir Thomas  white Henry VIII intend to relieve and preserve the commonwealth of the city  of Coventry then in great ruin and decay pay to the mayor and his brother  pound wherewith they purchase land which be then of the clear yearly value of  pound and on the that of July Edward VI they covenant with the company of  merchant tailor of London that immediate after sir Thomas white death they  will yearly dispose of and pay the rend and profit of these land in manner  follow videlicet pound per and to twelve poor man inhabitant of Coventry in  free nourishing for ever pound per and in free loan to young freeman of  Coventry of good name brown fame and thrift to be lend out for nine year and  then to be put out again to other such young man of Coventry and so from nine  year to nine year for ever and the other pound to be pay yearly S to the  merchant tailor S d apiece to the mayor recorder and ten alderman of Coventry  to see the charity perform and S to the town clerk for make the entry thereof  this to continue in Coventry for fortyone year and afterward the pound to  circulate yearly between Coventry Northampton Leicester Nottingham and Warwick  for ever brown er p this pound per and continue to be dispose of in the above  manner for about year but some difference arise among the alderman of Coventry  about share the surplus of the charity estate the other four town become by  this accident inform that the estate be great increase in value whereupon in  Hilary term a information be file in the court of chancery by the  attorneygeneral at the relation of the merchanttailors company and on behalf  of the inhabitant of the say four town against the mayor and corporation of  Coventry for a account and distribution of the surplus profit in augmentation  of the charity on the that of December this cause be hear before the Lord  keeper wright assist by the Lord chief justice holt Mr justice Powell and Mr  justice blencowe when the court be of opinion that the corporation of Coventry  be entitle to the surplus rend of the land in question and therefore order the  information to stand dismiss vern but on a appeal to the house of peer from  this decree their lordship on the that of February order that the say decree  of dismission shall be reverse and that the court of chancer shall proceed to  give the plaintiff such relief on the information as shall be just the house  declare it to be their opinion that the increase of the value of the land in  question ought to be apply towards the augmentation of the several charity and  appointment jour vol p in consequence of this determination the court of  chancery on the that of June decree that the full improve value of the estate  shall be apply accord to the order of the house of peer and refer it to a  master to ascertain such yearly value and reserve further direction till after  the report the master by a report date the that of July certify the yearly  value of the land to be pound S d clear of all deduction and that the  defendant have receive pound for fine on grant lease but it be discover that  the estate be of great value and a offer be make to the court to make it so  appear on the peril of cost a order be make that the master shall review his  report and accord the master by another report date the that of July certify  the land to be of the clear yearly value of pound S d brown on the that of  October follow the cause come on to be hear for further direction upon the  master report when it be decree that the corporation shall account for what  they have receive out of the charity land from the time of the order make by  the house of peer and as they appear to have misbehave themselves they be to  have no cost from the time of that order and a receiver be appoint and the  corporation be enjoin from receive any of the profit of the estate for the  future this account have be take the master by his report date the that of  December certify the sum of pound S d to be due from the corporation after all  deduction but pen these proceed the defendant by fraud and undue practice draw  the four other corporation into a private agreement at Lutterworth whereby  under the pretence of cost though none be either decree or reserve they agree  to pay the four corporation and the merchanttailors company pound and instead  of apply the full increase profit of the estate in augmentation of the charity  they agree to pay out of it only pound per and to the corporation of Coventry  and the other corporation and in order to execute this agreement the defendant  demise all the charity land to the merchanttailors company and the other four  corporation for twenty thousand and one year and accept a redemise thereof for  twenty thousand year under the particular rend of pound per and to the four  other corporation but which be much less than their proportion of the charity  upon the discovery of this transaction and that the defendant have make  contract for lease of the charity land to their own member son and friend for  long term of year on large fine and at smallreserved rend the court of  chancery recommend it to the attorneygeneral to bring another information on  behalf of the inhabitant as pauper against the five corporation and such as  have sign the agreement in order to enforce the former decree accord in  Michaelmas term a second information be exhibit pray to have the agreement set  aside and the trustestate transfer to new trustee and upon the hear of this  cause before the Lord keeper Harcourt on the brown er p that of February the  court declare that the Lutterworth agreement be a very vile and corrupt  agreement and enter into with a intent to evade the order of the house of peer  and that the defendant have not comply with that order as appear by their own  account it be therefore decree that the say agreement and the deed of demise  and redemise shall be set aside and that the trustestate shall be reassigned  so as to put the defendant and the other corporation in position quo and the  former cause come on at the same time to be hear on the master report of the  that of December the defendant be order to bring the brown pound S d before  the master in three month and in the mean time the consideration of transfer  and settle the trust be suspend after the expiration of five month videlicet  on the that of July the cause come on again when the court enlarge the time  for three month long but declare that if the defendant do not in that time  bring the money before the master it will be reasonable and proper that the  trust shall be transfer as well on account of their disability which will then  manifest appear as for their misbehaviour in the premise the defendant repeat  apply for further time for payment of this money the court think proper to  direct the master to approve of new trustee to be nominate by all the  corporation which he have do and the defendant still neglect to pay the money  the cause come on to be final hear on the that of march when the court approve  of the several person nominate by the master report to be trustee for the  management of the charity in question and decree that the defendant the mayor  bailiff and commonalty of the city of Coventry shall convey and assign all the  right title and interest whatsoever in the estate and charity in question unto  the say new trustee their heir and assign in trust for the several purpose to  be therein mention and that they the say trustee shall act therein as the say  defendant be by the say deed of appointment to have do and it be further order  that the say new trustee shall be at liberty to fill up any vacancy which  shall happen to be in their number as they shall think fit but whenever the  number of such new trustee shall by death or removal be reduce to twentyone  person then it be order that such remain twentyone person shall be oblige to  fill up the number to thirtyone but such succeed trustee be to be person live  within the city or county of the city of Coventry or within three mile of the  same and the say trust be so transfer as aforesaid it be further order that  the several six shilling and eight penny Payable yearly to the mayor recorder  and ten alderman and the twenty shilling to the steward or town clerk as the  same then be or shall be augment shall be apply in payment of the charge which  the say new trustee shall be at in the management of the say trust and if  there shall be any surplus thereof above what shall be sufficient to defray  such charge it be to go and be apply to increase the fund of the charity  distributable in the say city of Coventry pursuant to this decree the  trustestate be assign but the defendant neglect to pay the money report due  from they sequestration issue against their estate good and chattel and after  lie under this sequestration for about seven year they at length raise money  enough to satisfy the demand and then but not before appeal from the decree  brown and on their behalf it be say p York S Cowper that they be divest of  their freehold and inheritance though they have do no act to forfeit the same  or any thing contrary to the order of the house of peer which order they  apprehend be never mean to take their inheritance from they or to alter the  trust as original settle by the deed of the that July Edward VI whereby proper  inspector be appoint to see the charity duly apply that although when the  decree be make they be not able to perform it whereby the pound S d become in  arrear yet the execution of the decree be sufficient provide for by the  sequestration without take away the appellant freehold or remove the trust out  of their hand that a error in judgement upon so nice a point as to have  occasion even the court of chancery assist by judge to err ought not to be  construe a breach of trust in the appellant that although they be unable to  pay the duty decree immediate yet their estate sequester be a ample security  to have discharge it in far less time than the sequestrator hold it and have  lose several thousand pound by mean of brown er p the sequestration their  inability ought not to extinguish the original trust that the design of sir  Thomas white which be to prefer the commonwealth of the city of Coventry be by  this decree turn to the hurt and weaken of the magistrate authority there  while the four other corporation have their interest strengthen by be still  leave in the trust of dispose the loanmoney in their town for who sir Thomas  white express no such particular regard as for Coventry and who can not be  think less blameable than Coventry in make the say agreement it be therefore  hope that the decree will be reverse and the appellant restore to the freehold  and trust of the say estate to all this it be answer r Raymond c Talbot on the  other side that what the appellant call their freehold and inheritance and  which they have indeed make use of as their own be a bare legal estate vest in  they as trustee for the charity and it be most evident from all their  transaction that they and their predecessor have in many instance misapply the  charity money and most gross abuse the trust repose in they that their vile  and corrupt agreement at Lutterworth to elude the order of the house of peer  and their inability or wilful refusal to pay the pound S d which they have  receive out of the charity estate after that order be sufficient reason to  induce the court of chancery to direct the estate to be convey to person more  able and more Willing to execute the trust faithful for the benefit of the  poor and who for just reason may be remove or punish as that court shall see  cause that the inability of the appellant to perform the decree do not seem to  be a good reason for continue they in the execution of the trust and though a  sequestration be a proper method of carry the decree into execution with  respect to the arrear yet it can by brown no mean enforce a faithful  performance of the trust for the future that whatever name the appellant  misapplication of the charity money prior to the order of the house of peer  may deserve their misapplication of the pound S d receive since that order be  certain a wilful and obstinate breach of trust and not mere a error in  judgement and therefore ought to aggravate instead of be use as a reason to  extenuate their offence that the sequester estate be so far from be a  effectual security for raise the duty decree that during all the time the  appellant lie under it there be only about pound raise by it nor will the  profit have raise the whole in many year if the appellant have not sell or  mortgage some of their estate for that purpose and if the sequestrator who be  officer of the court of chancery have not proper discharge their trust the  court will upon complaint have punish they but that their misbehaviour if any  can not be lie to the charge of the respondent or be urge as a reason to  reverse the decree which be make before the sequestration issue after have  beard counsel on this appeal it be order and adjudge that the decree therein  complain of shall be affirm without prejudice to the appellant apply to the  court of chancery accord to the course of that court for a reconveyance of the  trustestate as that court shall think just It appear that this noble charity  be so great increase that instead of the pound ayear to the poor inhabitant of  Coventry they at this time receive above pound a year and instead of the pound  ayear loanmoney pay to the five corporation successive they receive in their  turn near pound and that the other charity be augment in proportion jour vol p  brown er p