By his will he left a large sum for the building and the perpetual repair of public baths, and the interest of a still larger sum for the benefit of one hundred freedmen of the testator and, ultimately, for an annual banquet.
Bargain and sale of copyhold estates, which operates at common law, is still a mode of conveyance in England in the case of a sale by executors, where a testator has directed a sale of his estate to be made, instead of devising it to trustees upon trust to sell.
This disabled caelibes from receiving an inheritance unless the testator were related to them within the sixth degree; it limited the amount which a wife could take by a husband's will, or the husband by the wife's, unless they had children; and preference was given to candidates for office in proportion to the number of their children.'
When the charitable purpose intended by a testator cannot be carried into effect, the court will apply the funds to some other purpose, as near the original as possible (whence the name).
For instance, a testator having left a fund to be divided into four parts - one-fourth to be used for "the redemption of British slaves in Turkey and 2 Barbary," and the other three-fourths for various local charities - it was found that there were no British slaves in Turkey or Barbary, and as to that part of the gift therefore the testator's purpose failed.
Thus, a testator having left money to be applied in building a church in a particular parish, and that having been found to be impossible, the fund will not be applied cy-pres, but will go to the next of kin.
In ealdorman Alfred's will the testator disposes freely of his bookland estates in favour of his sons and his daughter, but to a son who is not considered as rightful offspring five hides of folkland are left, provided the king consents.