case Wilkinson against MERRYLAND ante page a devise of all my good lease  estate mortgage c whereof I be possess will not pass a feesimple which the  testator have by way of mortgage and forfeit unless he have mention that he  have such a estate vide ante Mod Prec in Ch Noy Powell on mort to Eq can ab  Vernon raym Com dig atk Cowp h Bl Rep c b term Rep term Rep term Rep this case  be now move again by den a apprentice of the law and he urge strong that a  estate in fee pass for inasmuch as he have dispose of diverse of his land to  his brother and their heir and diverse personal legacy to they and to other  but of those land in question be mortgage to he and his heir and forfeit he  have not make any dispose he devise the residue of all his good lease estate  mortgage c to his wife all the estate which he have in the mortgage which be a  feesimple pass thereby for it be in a will shall pass accord to his intent as  devise of land in continuous shall pass the fee a and the case in dyer b  devise of the feesimple of his house in Soperlane to his wife a fee pass  without the word heir and other case to that purpose to show that a fee pass  by the intent of the devisor without the word heir c but Jones and myself  continue our former opinion that no fee pass but the great question will have  be whether a estate for life have pass to the wife if she have be alive  because it be couple only with personal thing as good lease estate croak car  mortgage debt c which may be intend that he mean only but estate for year or  mortgage for year and so much the rather by reason of the word whereof I be  possessed  And Berkley justice who be absent the day before concur in opinion  for the heir shall not be disinherit nor the fee pass away without a apparent  intent out of the word of the will and in this case it do not appear that he  intend to pass but such thing whereof he be possess which extend only to thing  personal or lease whereof he be a ante see also Jones roll Abr   light b Inst  and yearbook Henry pl b Elizabeth p c see Bendlow roll Abr Mod more will atk  cro Elizabeth Com dig croak car er p possess and not to freehold whereof be be  say in law to be seize and peradventure he be not possess of this land for it  be not find that the mortgagee enter and be in possession and common in  mortgage the mortgagor retain the possession until the mortgagee enter for a  forfeiture wherefore it be appoint that judgement shall be enter for the  plaintiff but they agree if he have devise all his estate in such land or have  mention that he have such land mortgage in fee and devise his mortgage the fee  have pass