case attorneygeneral against Tancred before Lord keeper that Nov devise to a  charity void conveyance to charitable use defective because make to certain  officer of the corporation and not to the corporate body aid in equity devise  to the thirteen fellow of Christ college and to the fellow of Caius college  live at the death of the testator be valid under the exception in the stat of  mortmain and be for the benefit of the body corporate of each college and not  for the fellow in their natural capacity lib Reg a foe S c b I Eden this case  be part hear in the last vacation come on again this day the case be  Christopher Tancred by lease and release of saint and d June convey part of  his real estate in default of issue of his body to the use of the master of  Christ and Caius college the precedent of the college of physician the  treasurer of Lincoln inn the master of the charterhouse and the governor of  Chelsea and Greenwich hospital and their successor in trust to pay yearly for  ever pound apiece to twelve young person of sixteen year of age four of which  to be educate in the study of divinity at Christ college four in physic at  Grenville and Caius college and four in the study of the commonlaw in  Lincolnsinn to be pay to they until they shall have their respective degree of  bachelor of Art bachelor of physic and barrister at law and three year after  such degree and no long to the call Tancred student ambler he afterward by  will of that may give other real estate to the same trustee to pay the profit  in equal proportion oh the say twelve student and twelve pensioner I provide  that if the mortmain act shall prevent the disposition of his land and impede  the premise devise to the say twelve student and twelve pensioner then and not  otherwise he devise the premise not limit by the settlement to the thirteen  fellow of Christ and the fellow of Caius and the scholar of both college live  at his death each fellow to have a double portion to each scholar Henley Lord  keeper the question arise on the deed and will between the heir and those  claim the charity saint as to the deed objection that the estate be give to  person incapable of take in succession but the constant rule of the court have  always be where a person have a power to give and make a defective conveyance  to charitable use to supply it as a appointment see attorneygeneral v Burdett  vern jay v slaughter Prec Charles attorneygeneral v buy vern see white v white  Ves as in jesus college Collisons case in hob Q whether any of the charity  give by the deed be void in law I be of opinion they be all within the statute  Elizabeth d as to the disposition by the will it have be admit on the part of  the relator that they be void in part with respect to the student of  Lincolnsinn and the pensioner but contend to be good as to the other eight be  within the exception in the statute of mortmain Geo see attorneygeneral v  Mumby mere and attorneygeneral v bowyer Ves the heir at law insist that they  be void as to the eight studentships because they be not give in boundary for  the benefit of the college and therefore not within the word or meaning of the  exception in the statute but I be of opinion that such disposition be for the  benefit and advantage of the college and within the meaning of the exception  his lordship be also of opinion that Christ and Caius be entitle under the  will to so much of the rend as be design for the four student of Lincolnsinn  the judgement in this case be give full by Mr Eden in his report and he  further direct his trustee out of the rend of the real estate to pay pound  each half yearly to twelve decay and necessitous gentleman clergyman  commission officer of the land or sea service of fifty or more year natural  bear subject of great Britain who be to reside in his mansion house at Wixley  and he give pound to the master and pound to each of the fellow as a  augmentation of their personal revenue ambler er p