attorneygeneral versus Hickman Geo two information for performance of a  charity this be a information exhibit by the attorneygeneral for the  performance of a charity give by a codicil annex to the testator will by which  he devise that what shall remain and be the residue of his estate and effect  be give for encourage such nonconforming minister as preach God word in place  where the people be not able to allow they sufficient and suitable maintenance  and for the encourage such as be design to labour in God vineyard as dissenter  and appoint two person to have the disposal and appointment of the say charity  both which person die in the lifetime of the testator W Kelynge er p W Kelynge  two question arise saint whether both the trustee to who the disposal and  appointment of the say charity be give die in the lifetime of the testator  this charity be not go and in the nature of a lapse legacy but per king  chancellor the substance of the charity remain notwithstanding the death of  the trustee before the testator and though at law it be a lapse legacy yet in  equity it be subsist and here be a sufficient certainty of the testator  intention to revive it the intention of the party therefore be sufficient  manifest that this charity shall continue within Elizabeth c it have be hold  that if the tenant in tail devise a charity though no recovery be suffer yet  that it shall take place and be effectual as a appointment under Elizabeth  vern attorneygeneral versus rye all vern attorneygeneral versus Burdett all  the second point whether this be a superstitious use within the statute Edward  c nonconforming minister and dissenter be such general word as that they  comprehend any person however opposite to the church of England king  chancellor this can be a superstitious use within that statute but the  dissenter here mean be protestant dissenter act under the TolerationAct W m c  and decree the residuum to be dispose of in prsenti and not in a perpetual  charity and order a scheme to be lie before he for that purpose