case attorneygeneral against Tomkins devise of residue of real and personal  estate to charity be void as to such part of the residue as be leasehold see  attorneygeneral v grave ante price v archbishop of Canterbury Ves Lincoln inn  hall that march lib Reg a foe b S g ken cite dick Benjamin Tomkins be possess  of a term of year in land and other personal estate but not seize of any  realty by will that June after direct payment of his debt and legacy devise  the residue of his real and personal estate to trustee to be manage in the  best manner they can the income to be apply towards cloth four poor man and  four poor woman for ever that shall be inhabitant of the hospital leave by his  late grandfather in Abingdon Berks and when there shall be no such hospital he  direct the same to be dispose of among such poor people of the baptist  nomination as his executor shall think proper after argument at bar ambler er  p Lord Hardwicke chancellor it have be determine on the statute against papist  and likewise on statute of mortmain that the word any estate or interest in  land extend to leaseholds ambler question whether as the leasehold in the  present case passes under the residuary clause and not as a specific devise  eastern nomin that will make any difference I shall not find my opinion on any  such distinction the observation I make in the attorneygeneral v grave saint  November be in ease of a liquidation of real and personal and nobody can say  out of which the debt and precedent legacy be pay it may deserve consideration  but I give no opinion and I give none upon it now my judgement be find on the  last point that be whether this leasehold shall not be apply first in payment  of debt and legacy and the charitable bequest take place out of the rest of  the asset the reason of marshal asset of the personal as well as real be  always ut res to greater extent to be strong how to pass away as where there  be general legacy charge on real estate if the personal estate be not  sufficient to pay the whole the legacy to the charity shall be pay out of the  personal estate and the rest out of the real see attorneygeneral v grave ante  but see Forster v Blagden post so where there be a particular disposition of  the different species of estate enumerate they and in the devise of the  residue one of they be leave out that part shall be apply first so when there  be a charge on the real estate and part of it be leave undisposed and descend  that part shall be first apply Galton v Hancock atk the same rule may prevail  in this cause for though this court will not set up a new rule of marshal  asset in order to defeat and avoid the statute of mortmain yet the old rule  may and ought to be apply as before those statute the bequest be good as to  all the personal estate except the leasehold the leasehold can go to the  executor because saint the testator have use word to show his intention of  give it away see Dawson v clark Ves d they be exclude from the ambler  undisposed residue by have legacy therefore it go to the next of kin Lloyd v  Stoddart ante and note and shall accord to the above rule be first apply to  payment of the debt and legacy as a real estate descend will be before that  part that be devise and there be more debt and legacy than the leasehold  estate will extend to pay his lordship order it to be sell and the deficiency  make up out of the other asset and the rest to be apply to the charity note  the decree declare that the charitable use create by the say testator will  ought to be carry into execution out of the residue of say testator it  personal estate exclusive of the leaseholds and that the say leaseholds ought  to be it consider as personal estate undisposed of and to be first apply  towards payment of the say testator debt funeral expense and pecuniary legacy  lib Reg Q this be not a specific bequest as every devise of a realty be but a  general bequest of the residuum the case of the attorneygeneral v grave ante  that November be cite devise of the residue of personal estate to charitable  use which inter alian consist of a leasehold estate and the court order that  estate to be first sell and apply to pay debt and if it be more than  sufficient the residue to the next of in and the charity bequest to be pay out  of the other personal asset