employed in the chapel, or the poor persons are to live in the alms-houses to be built contrary to the act, that which would have been good if it had stood alone, will be bad if the purpose is to be employed in those buildings which the statute will not allow to be erected. Upon the whole will, this would be in whatever terms expressed, whether of condition or not, only a declaration of the trust upon which they are to take, if they do take. By the direction for management the orphan committee are out of that residue, comprehending more if necessary than 5,000l. or less certainly, if less would be sufficient, to do the acts pointed out; among which, is to afford the same medical assistance to the alms-houses as to the school; and he recommends them, which would be imperative upon them, to establish a chaplain. Malimv.Keigh- It is a bequest of a residue to be laid out, in the first instance, in land; and if all should not be exhausted, as it could not be consistently with his scheme, to be laid out upon these purposes affording medical assistance, and for a chaplain in the alms-houses; and all beyond that, if well given, is uncertainly given; and if the primary gift fails, the secondary gift being totally uncertain and fluctuating from time to time, the whole must fail. ley. 2Vez. 333, 529. Chapman v. Brown. '6 Vezey, 404. On the other ground there is as much vanity as charity in this. He did not choose this monument to be erected to his memory, unless he should be considered benefactor of the school as well as the hospital. He meant, if the orphan committee could take the management of the alms-houses, then so much should be for the school; but if they could not, then the trustees substituted could build the alms-houses and school also. But if it cannot be distinguished how much was for the alms-houses, and how much for the school, it is very difficult to divide it and make it good for part, and not for the rest. Upon the whole, therefore, the decree was affirmed. SECTION SECTION IX. Of Misnaming, Uncertainty, and Want of Objects. Uncertainty, and Want of 49. 2 Vezey, 426. Notwithstanding the ancient rule, that uncertainty Misnaming, makes void the grant, yet the misnaming and uncertainty of expression, in a bequest to a charity, has been Objects. always guarded by the legislature and by the court, as may appear by the statute 14 Eliz. c. 14. and by the following Finch, of Law, decisions. But it may be proper to observe here, that the usual course of application to the court to establish charities, is by bill of information in the name of the Attorney-general; and though there should be any mistake in the circumstance of laying it, yet if it appears there is a charity, and the right appears in the whole cause, that information cannot be dismissed, but a decree must be made to establish that charity. This doctrine had been frequently laid down, and allowed; because it is considered as a proceeding by an officer of the crown; and as the king is pater patriæ, the information therefore must not be dismissed: so that although the relator has mistaken his title, yet if in the cause a title comes out for him and his successors, he must have that title established. This is the doctrine maintained by the Court of Chancery in all charity cases; but it will he found to go much further than this; for in all cases of uncertainty, and even of want of objects, either from there not being found any to take the benefit of the intended bounty, or where there have been objects, and they are all satisfied ог or gone, the court will still preserve the gift for charitable purposes, cy pres, as near as possible to the donor's intention for what has once vested in charity, never reverts to the donor or his heirs, but will be disposed of by the king, by his sign manual, or by the court, according to a scheme to be submitted to the master's investigation for some other charity. And where devises have been held to be void on account of misnaming a drews, ante 147. charity, they have been maintained as appointments in equity, under 43 Eliz. c. 4. Finch, 221. The following case arose some years before the date of this act, on perhaps the most extraordinary will that ever appeared in the legal annals of this kingdom. Richard Norton, of Southwick, in Hampshire, esq. died in 1732, leaving a will dated in June, 1714, (and several codicils and testamentary schedules), wherein after his debts, &c. should be punctually discharged, he devised all his real and personal estates whatsoever in the county of Southampton, with every thing that he did hold, possess, or enjoy, or in any manner whatsoever it be belonging to the same real and personal estates, to the poor, hungry and thirsty, naked and strangers, sick and wounded, and prisoners, and to and for no other use whatsoever; and did thereby make, constitute, and appoint the poor abovesaid to be his general and absolute heir and heirs to the end of the world. And he says, "I do presume to make, constitute, and appoint, all and every person and persons, that do, shall, or may "make or compose, or are to be the supreme legislature "of Great Britain in parliament assembled, to be my "executors. And if I have presumed too high, and it "be refused, then I beseech the archbishops, together "with the bishops of Great Britain or of England, for "the time being, and their successors, to be my exe"cutors:" any five of them, whereof the archbishop of Canterbury Canterbury to be one, by any writing under their hands to act, order, do, and fully perform and execute my true meaning and intent therein before declared, to the end of the world: "And I do most humbly beg of them "all to be zealous advocates for the poor as aforesaid, to "the legislature of Great Britain: and if, at the time of death, the supreme legislature should not be sitting, "then that any five of them the said bishops, &c.whereof "the said archbishop to be one, would immediately be "pleased to take care provisionally of all matters therein "contained, and do all acts until the next parliament "shall meet and be held." my The consideration of so extraordinary a will necessarily came under the investigation and care of the legislature; and to the end that its validity, as far as it related to his personal estate, might be examined and determined in the ecclesiastical court, and that fit persons might be appointed to institute, prosecute, and defend all suits concerning the same, as far as the same relate to his personal estate, a private act was passed, 6 Geo. II. c. 32. empowering three persons named in the act, to sue for administration, with power to the ccclesiastical court to appoint others in case of death: and it was declared that the act should not give greater force to the said will, than it had before. And in 1737, three years after the last mortmain act, 10Geo.II. c.37. another act was passed, to prevent the statute of limita tions (21 Ja. I.) from being pleaded by any persons claiming under this will, against any title which Thomas Norton, esq. had to the manor of Old Alresford, in Southampton, by indenture of settlement, or the rents or profits thereof. I have not been able to learn what steps have since been taken, or how the estates are applied; but it has been already shewn, that bequests to the poor indefinitely, means Atty. v. Hall, Swinb. p.7 s.9. Finch, 222. means all the poor of England, and vests the distribution in the discretion of the crown. Testator gave all his money to his son, and at his son's death, he gave what he the son should die possessed of to a charity. Information was brought at the son's death to have this legacy, but held by Lord-chancellor King, assisted by Sir Joseph Jekyll, master of the rolls, and Lord-chief-baron Reynolds, that this was not a good legacy to the charity, the son not being restrained from doing what he would with the money; and therefore it amounted to a wish only. A testator bequeathed 1001. " to the church," not mentioning what church; it was held, that it should be understood of his parish charch; or if he name a church, and there be several of the same name, and none of them his parish church; the executor, if he prove the will, or the ordinary, if he refuseth, may bestow the legacy on which church he pleases; but if the testator's parish 'church be of the same name, it ought then to be be stowed there. The court of Chancery will not suffer any agreement between the heir and the charity to alter the donor's design; and will decree the charity generally as near as can be to the intent of the donor; and therefore, if the gift is of money to the parish of B generally, it shall be decreed to the poor; if he had given it to the poor of the parish indefinitely, this would, according to the civil Dom. Civil law, be to the poor of the place or parish where he lived, if there was no hospital there; but if there was, then to the poor of that hospital; and the court of Chancery coneurred in so decreeing it. But a legacy to the poor indefinitely, was afterwards said to include all the poor of England; and therefore was vested in the crown, who disposed of it to Christ's hospital and others, Law, 169. Finch, 945. Atty-gen. v. It was said the civil-law would have maintained this |