What is the testator’s general intention of giving a gift cy près to a soup kitchen and cottage hospital?

In Biscoe v. Jackson (1887), 35 Ch.D. 460, a testator directed his trustees to set apart a sum of money and to apply it to the establishment of a soup kitchen and cottage hospital for the Parish of Shortage in such a manner as not to violate the Mortmain Acts. No land could be obtained except in violation of the Acts and the bequest could not be applied for the establishment of the soup kitchen and cottage hospital. In finding a general intention of charity by the testator and applying the gift cy près, Kay J. observed [at pp. 463-4]: On the other hand, if you do see a general intention of benefiting a certain class or number of people, who come within the ordinary definition of objects of charity, and you find that the particular mode the testator has contemplated of doing this cannot be carried out, and you are convinced that the mode is not so essential that you cannot separate the intention of charity from that particular mode, then the court says there is a general intention of charity, and as the mode has failed, the duty of the court is, favouring charity as the court always does, to provide another mode than that which the testator has pointed out, and which has failed.