case turner versus crane maii in court Lord keeper feme mortgagee in fee of a  copyhold marry and die live the husband whether the husband as administrator  to the wife or the heir shall have the benefit of the mortgage there be no  covenant to pay the money a feme sole have a mortgage in fee of a copyhold  marry and die leave issue which issue be admit and die and then the husband as  administrator to his wife claim title to this copyhold as be a mortgage and so  part of his wife personal estate it be state in the bill that this mortgage be  take into consideration as part of the wife fortune on the make the settlement  on their marriage by the plaintiff and it appear that the mortgage money not  be pay the wife be admit and receive the rend several year before the marriage  and that upon her death her daughter and heir be admit be a infant by her  guardian and receive the rend till her death leave her aunt the wife of the  defendant her heir who be thereupon admit and receive the rend r l the  question be now between the husband and the Vernon chancery case heir at law  the Lord keeper declare he will be attend with precedent but say he do not  much regard what have be object that the issue of the feme have be admit by  the husband but all he scruple be that in this case there be no covenant for  the payment of the mortgage money which alone give the executor title to the  mortgage money but covenant in mortgage deed not necessary to make a mortgage  Meynell v Howard pre Ch cope v cope salk Floyer v Lavington p wms king v king  p wms and case cite in note there and all Welsh mortgage and most copyhold  mortgage be without a covenant Lawley v Hooper atk where mortgage shall or  shall not be consider as personal estate vide Wynn v Littleton ante p and case  cite in note there with respect to the priority of application of real asset  where the personal estate be either exempt or exhaust vide case cite by Mr Cox  at the latter end of his note to Howell v price p wms and although it be urge  that there can be no such covenant in the surrender of a copyhold and that it  will be unreasonable and inconvenient to have one law as to freehold mortgage  and another as to copyhold yet he will make no decree in it till he shall be  attendedBut covenant in mortgage deed not necessary to make a mortgage Meynell  v Howard pre Ch cope v cope salk Floyer v Lavington p wms king v king p wms  and case cite in note there and all Welsh mortgage and most copyhold mortgage  be without a covenant Lawley v Hooper atk where mortgage shall or shall not be  consider as personal estate vide Wynn v Littleton ante p and case cite in note  there with respect to the priority of application of real asset where the  personal estate be either exempt or exhaust vide case cite by Mr Cox at the  latter end of his note to Howell v price p wms with precedents Reg lib b fol  it be afterward decree that the mortgage premise shall go to the heir Reg lib  b fol cite in Canning v Hicks post n b in this case no covenant to pay the  mortgage money to the executor and administrator and no debt due or owe by the  mortgagee Reg lib b fol it be afterward decree that the mortgage premise shall  go to the heir Reg lib b fol cite in Canning v Hicks post n b in this case no  covenant to pay the mortgage money to the executor and administrator and no  debt due or owe by the mortgagee Vernon chancery case de term S the number  three car if in curian porter