case Cheeseman against PARTDRIGE LincolnsInnHall December a after give legacy  go on item I give to the charityschool of you l item I give to the Latin  school of S l ayear item I give to the poor of you l ayear to be pay out of my  estate at Omer by my executor and give the estate at Omer to his executor in  fee this be a perpetual annuity of to the Latin school and also charge upon  the estate at Omer in whosoever hand it come S c atk vent upon exception to a  decree by commissioner upon charitable usesthe case be Thomas Cheeseman by  will after give several pecuniary legacy go on item I give to the charity  school of Yovell the sum of fifty pound item I give to the Latin school if any  man be possess of it and teach boy and be true ground in the Latin tongue five  pound ayear for teach and instruct three poor boy item I give to the poor of  the parish of Yovell fifty pound ayear to be pay at easter out of my estate at  Omer by my executor and give his estate at Omer to his wife the executrix and  her heir and make her sole executrix and his will be that his wife shall enjoy  all his other land not before devise in his will for her life upon pay his  legacy the inquisition find that the testator make his wife executrix and that  she have possess herself of the real and personal estate and that Partdrige  the respondent have be schoolmaster of the Latin school for two year whereby  ten pound become due to he by the will whereupon the commissioner make their  decree in these word that Sarah Cheeseman the expectant do and shall within  one modern report month pay or cause to be pay to Partdrige the respondent the  sum of ten pound due to he at ladyday last and that the owner of the estate at  Omer do and shall for ever hereafter pay to the schoolmaster of Yovell Latin  school the sum of five pound halfyearly two exception be take to this decree  the first be that the message call Omer be not Chargeable by the will to pay  five pound ayear to the Latin school of Yovell the second exception be that if  the same be so charge it be but for the executrixs life and not for ever nor  to pay in the manner and proportion the decree direct halfyearly Hardwicke  Lord chancellor overrule the first and declare it be charge that the testator  seem to have two general intention the one to give sum in gross and the other  annuity that it be apparent from the will beginning with moneylegacies and  then range the annuity by themselves that the estate at Omer be direct charge  with the fifty pound ayear to be pay the poor and direct that clause to be  carry back to the clause of the five pound annuity so as to make but one and  to be both charge on the estate at Omer because they be both bequest of the  very same nature and to warrant his join the two clause he cite salk that item  in this case be no more than and also in that the five pound be not Payable  out of the personal estate as be urge for there be no provision in the will to  raise a perpetual fund out of it to furnish a annuity commensurate to the  devise which be for ever and that without such provision a personal estate  must be allow to be of too perish and transitory a nature to supply a annuity  for ever that it be not charge on the land the wife have for life as be argue  for the precedent reason that a estate for life can supply a perpetual payment  of the annuity and this annuity must be charge on the estate at Omer as it can  be supply by any other estate in the will and that pay legacy out of the wife  estate for life mean only sum in gross and not annuity Lord Hardwicke to the  second exception say as to the continuance of the annuity that it be the  intention of the testator to have it perpetual for it be not give to the  modern report er p schoolmaster or any other person but to the school and  therefore design it to last as long as the school itself and that a gift to a  parishchurch will be a good gift for ever to the parson of that church that  the gift be for instruct three poor boy and if the testator have only three  particular boy in view he will have name they and so have limit the duration  of the annuity or how long it shall continue that the testator say to be pay  by my executrix do not destroy the perpetuity for the exceptant be not charge  in the will modern report as executrix in respect of the office but be only  describe by that word as owner of the estate at Omer which be devise to her  and her heir a see Edgel v Haywood atk a thus far he overrule the second  exception but say the commissioner exceed their power and be not warrant to  make the annuity Payable halfyearly and order the decree to be alter to one  yearly payment every easter as the payment of the fifty pound ayear to the  poor be and the decree to stand good upon that alteration