case attorneygeneral against glegg that October testator leaves several sum  for charitable purpose to be perform at the discretion of his executor hold a  power couple with a interest and to go to the survivor lib Reg a foe nom  attorneygeneral v speed S c atk hark ms west can tempt ld Ch hard Samuel  wright by his will give several charitable bequest to the amount of several  thousand pound of which fiftytwo person be to have the benefit he direct the  qualification of the person and that the charity shall be perform at the  discretion and choice of his executor the qualification of the person to be  relieve be duly weigh and consider and make Thomas glegg John speed and Joseph  pace executor he give separate legacy to his executor two of the executor die  before the charity take place question whether ambler the survive executor can  distribute the whole thereof and it be contend that it be a naked power to  three and do not survive answer it be a trust and do survive and be more than  a power ambler er p Lord chancellor declare that as this relate to personal  estate it be a power couple with a interest and in the nature of a trust and  consequent go to the survive executor however this court can control the  direction of the charity in case the survive executor misbehaves himself a  naked authority give to several without express word of survivorship can  survive see Peyton v bury p win   Litt a and note there Sugd on power rd  Edward see Hibbert v lamb ante Hewit v Hewit Ambl in townsend v Wilson b a mad  a power of sale be give to three trustee and their heir one die and it be hold  that the survivor can not exercise it but see hale v due Jacob and Lord eldoms  observation there on the case of townsend v Wilson where the custody of a  lunatic be grant to two and one die the right to the custody determine ex part  line can t Talb but a power couple with a interest shall survive thus where  guardianship of a infant be grant to two and one die the survivor shall have  it Eyre v countess of Shaftsbury p wms and if administration be grant to two  it will go to the survivor Hudson v Hudson can t Talb Adam v Buckland vern S c  Eq can Abr pl see birch v wade v b see in Campbell v leech Ambl Harding v  Glynn atk brown v Higgs Ves see potter v chapman Ambl Bax v whitbread Ves the  follow note of this ease be from lib Reg the testator by his will give several  pecuniary legacy and unto pound six nonconformist minister of good life and  conversation but be not worth pound each pound to each to six honest and sober  clergyman that be not worth pound or provide with a live of pound ayear pound  each to forty poor decay family pound each to forty poor widow not worth pound  each pound to each to forty poor maiden who parent former live well and who be  come to decay and not worth pound each pound each to twenty poor boy to cloth  and put out apprentice pound each and he desire that it may be observe that  all the say charity shall be perform at the discretion of his executor their  qualification be duly consider and he then give several other legacy to  diverse prison and charitable institution and desire it may be observe his  will be that the aforesaid charity to each of the say prison c shall be pay as  his executor shall judge best and after pay all be the say testator expense  bequest and legacy in the say will mention he give the overplus of the say  money to be distribute to widow or poor orphan of nonconformist minister not  be at the time worth upward of pound ayear and widow be upward of fifty year  of age and direct the say overplus to be pay in such proportion and to such  number only be the same more or less as his executor shall judge meet and  appoint glegg speed and paice his executor the information state that to  prevent dispute it be agree among the executor that in such case where the  number of object be name by the testator each executor shall nominate his  quota that Joseph paice have make enquiry as to proper object pitch upon  person for his share in the nomination and send in to the other executor a  listen of the name and qualification of such person amount in the whole to  fort yfive which fall short of his proportion that after many application to  the other executor to approve of such nomination paice die the information  pray that speed and glegg may pay such person as be nominate by paice their  respective charity in account for the estate of the testator receive by they  and that the same may be apply to the purpose of the will by the answer it  appear the testator give also two legacy of pound and pound to two person who  die in his lifetime and the agreement for each executor to nominate his quota  be admit with this qualification that the object nominate by they shall on  enquiry be approve of by the other executor it be also admit that a listen be  band in on the part of paice but that he die before they have approve of same  therefore insist that such person can not even under say agreement have any  right to any part of say charity and submit whether under the particular word  of the devise of the residue they as survive executor be not entitle to the  lapse legacy it do not appear on the will as give in lib Reg that the testator  give legacy to his executor but in the answer of speed and glegg it be admit  that paice do not retain in his life his legacy of pound give by the say will  before the hear glegg also die decree whereupon and upon hear the will of the  ambler er p say Samuel wright a listen of person name b the say Mr Joseph  paice c it be order that the say charity be establish a account to be take of  the personal estate of testator and declare that the lapse legacy do not  belong to the survive executor of the say Samuel wright but fall into the  surplus of the personal estate master to inquire which of the charitable  legacy have be pay and perform and to what purpose and defendant speed be to  bring a listen of such person on oath and as to such of the charitable legacy  which remain unsatisfiedit be order that the say speed do pay and distribute  the same to proper object pursuant to the direction of say will and as the  same shall be respective pay the say speed be to bring in to the master the  receipt from such person to who the same shall be pay and as to the surplus of  say testator estate it be order that same be distribute and pay by say speed  to such widow and poor orphan of nonconformist minister as fall within the  description of and purpose mention in say will and accord to the direction in  say will so in Johnston v Swann before vicechancellor sir I leech Feb lib Reg  a foe S c mad the residue of personal estate be to the executor on trust to  pay and give apply the same to and for the benefit of such public or private  charity as they in their discretion may think proper it be order that the  residue shall be apply by the plaintiff the executor to and for the benefit of  such public and private charity accord but in Jemmit v verril before the same  judge d December lib Reg a foe where the residue be give to trustee upon trust  to pay apply and dispose of the same unto and for such charitable and  benevolent pusposes as g I one of the trustee shall direct and think proper to  apply the same it be order that the residue shall be apply as I shall point  out by a scheme to be lie before and settle by the master and say speed be to  bring in the receipt from the object to who any part shall be give and as to  so much of the information as relate to the establish the nomination or listen  sign by the say Joseph paice it be order that the same do stand dismiss with  cost to be tax by the master