c taber v grover all S c vern Eq can ab at the roll mortgage heir or  administrator a mortgage be make of a copyhold estate in fee to Mabel porter  and her heir in the mortgagee be in possession and Thomas her heir enter but  never be admit in Thomas die and make the plaintiff his executor and devise to  he all his copyhold estate and the plaintiff likewise be administrator de good  non of the mortgagee the defendant be heir at law to Thomas and to the  mortgagee and the sole question be whether this mortgage in fee be forfeit and  the mortgagee die in possession and Thomas her heir enjoy it during his life  and die seize whether the plaintiff shall have it as administrator de good non  there be no want of asset or whether the defendant who be heir at law shall  have it for the plaintiff bill be to compel the defendant to convey and  likewise to foreclose the mortgagor who be another defendant and the master of  the roll decree the defendant the heir to convey and the mortgagor to be  foreclose nisi c and go upon the reason of the case of Thornburgh and Nicholls  Chan Rep ante c p Ch can and see Kendal v Micfield Barnard which he say be  very well report and do believe that decree be pen by the Lord Nottingham  himself freeman IV b this seem to be the strong case against the heir that  ever be determine for that the mortgage be forfeit and the mortgagee die in  possession and the heir have it during his life and die in possession and no  defect of asset asset be not the measure of justice between the party the heir  either ought to have the money if there be no asset or ought not to have it  although there be vin ab and the plaintiff have it as administrator de good  non note the will of Thomas make nothing in this case for it can not operate  upon the copyhold by reason there be no surrender see now stat Geo c to the  use of the will and consider it as belong to he as executor be a mortgage the  will can not operate because a executor can devise what he have pure as  executor