Barnardiston the attorney general and pierce December see hall v Derby  sanitary authority Q b d what shall be say to be understand by the word public  charity mrs squire make her will and thereby give certain legacy to several  person and particular to her servant by this will she give to Robert brown  pound per annum to be pay he during his life and then come a clause to the  follow effect she thereby give certain legacy to the charityschool of the  GreyCoat boy of the bluecoat boy and of the greencoat boy in Westminster she  give another charity to the hospital of incurable there she give pound to poor  housekeeper to be distribute to such of they and in such a manner as mrs  Northcote Barnardiston er p and mrs green shall appoint she give pound to the  parish of south Morlton she give pound to the parish of Sunnyhill to be  distribute among those that be at that time lame or visit with sickness and  she likewise give a legacy to bethlehem hospital of this will she make mrs  Northcote her executrix after the death of mrs squire mrs Northcote make her  will wherein be a clause to this effect I give to all the public charity to  which dear mrs squire have give any legacy by her will pound apiece of this  will she make sir John cross and pierce her executor and appoint other person  her residuary legatee sir John cross die in her lifetime by which mean pierce  become the only act executor pierce begin to pay pound apiece by way of  augmentation to some of the charitable use mention in mrs squire be will but  the residuary legatee conceive some doubt how far the word public charity  mention in mrs northcote will extend they direct pierce to pay no more money  on that account till the opinion of this court shall be take the present  information be bring against pierce and the residuary legatee in mrs northcote  will in order to compel he to pay pound apiece by way of augmentation  Barnardiston to all the charitable use mentionedin the will on mrs squire at  the hear of this Cause the counsel for the residuary legatee insist that  pierce ought not to pay pound either for the benefit of poor housekeeper or  for the benefit of such poor person of the parish of Sunnyhill as be lame or  visit with sickness Lord chancellor say his opinion be that pound apiece ought  to be pay to all the charitable use mention in the will of mrs squire he say  here be two will one the will of mrs squire the other the will of mrs  Northcote in the will of mrs Northcote there be a clause to this effect I give  to all the public charity to which dear Mr squire have give any legacy by her  will pound apiece it have be say that by the word public charity mrs Northcote  intend to distinguish some of the charitable use mention in the will of mrs  squire from other of they but it be a difficult thing to support a distinction  of this kind the intent of insert the word public seem to have be to declare  that mrs Northcote do not mean to augment the private legacy which mrs squire  have give by way of charity to particular person to this purpose it be  observable that mrs squire give by her with legacy to her servant she give  likewise pound per annum to Robert brown during his life and then follow the  clause in mrs squire be will by which she give the legacy to the several  charity that be there enumerate it have be object that some of the charity  there mention be of perpetual continuance and from thence it be insinuate as  if the word public can proper be apply to those charity only but it be  observable that there be other charity which be of as general a nature as  those and therefore may equal be call public the charity fix upon by the  counsel for the residuary legatee as not in their nature public be those to  the poor housekeeper Barnardiston and likewise to the poor of Sunnyhill with  regard to the first of these charity it have be say that the pound be only  distributable to such poor housekeeper as mrs green and mrs Northcote shall  appoint and it have be urge that one of the person who have the power of  distribute that charity be dead but that circumstance can make no difference  and as to the charity of Sunnyhill it may be as proper call a public charity  as that to the parish of south Moleton and so his lordship be please to decree  accord