The Law of charitable uses revised and much enlarged with many cases in law both antient and modern whereunto is now added the learned reading of Sr. Francis Moor, Kt. ... upon the statute of 43 Eliz. concerning charitable uses (who was a member of that Parliament when that statute was made and the penner thereof) : abridged by himself and now printed by his own original manuscript : together with the manner of proceedings in Chancery ... for relief on divers cases wherein the aid of this statute is not required ... necessary for all bishops, cathedrals, colledges, and all parishes in England for recovery and setling of charitable donations methodically digested by George Duke of the Inner Temple, Esq.

CASE. 11.

IN Mich. 12. Jac. in Chancery, The Case was; Anne the Wife of Sir Henry Billingsley, was before the Wife of one Martin, and Administratrix of his Goods, and there was due to Martin 1800 l. debt by a Statute-Merchant, acknowledged by one Southwel. Dame Anne made her Will in the life of Hen∣ry, and thereby appointed, out of this Debt, divers particular Legacies to her kindred, and after, also 400 l. to Charitable Uses; with this Proviso, That if there should arise any cross in Law, or loss in the said Debt of 1800 l. her meaning was, that it should fall upon the last 900 l. mentioned before the Proviso: And of this 900 l. the 400 l. for Charitable Uses was a part, and the last.

Dame Anne dyed a Feme-Covert: Peacock and Peacock her Executors refused to intermeddle with the Debt, because she had it but as Administratrix, and could make no Will of it; and also because it was a thing in Action. And thereupon the Administration of the Goods, not administred of Martin, the first Husband of Dame Billingsley, was committed to Damus and others. And thereby they had debts of 2000 l. besides the 1800 l. upon the Statute. And hereupon an Inquisition was

taken upon a commission of Charitable Uses, directed to Altham, Baron of the Exchequer, and others in London, and a De∣creé made for the maintainance of the Charitable Uses. And Exceptions taken to it by the Administrators. 1. For that her Will was void. 2. For that the 2000 l. debt, was a despe∣rate debt, 3. There was a Cross and much Money spent in it. But the Decrée of the Commissioners was affirmed by the Lord Chancellor. For first, albeit the Will of the Lady were void in Law, yet it was good; yet it will serve for a Declara∣tion upon the Statute for Charitable Uses; so that if there be Assetts of that Estate, or of his own Estate that is to ex∣cute it, the Vse shall be supported; for the Goods in the hands of Administrators, are all to go, and be imployed to Charita∣ble Uses, and Kindred and Children can have no property nor preheminence in them, but under the Charity of the Ordinary. 2. It was confest, that when the Decreé was made by the Commissioners, the Estate would have born it, and there was Assetts; and therefore there was negligence in the management of the Estate. Whereupon Damus was compelled to pay the 400 l. to the Charitable Uses, and to take the help of the Court, for recovery of the Debts of the Intestate. Moors Rep. Case 1111. Damus Case.

Notes

• Thing in acti∣on given to Charitable Uses.
• Decreed.
• Raised by an imperfect De∣vise.