case win versus Littleton Eq can ab pl vent Ch can S c a man seize in fee of  diverse land and have also land mortgage to he devise all his land to a and  his heir the mortgage land do not pass win be seize of diverse land in fee in  the several county of g m and d within the dominion of Wales and have likewise  diverse other land in other county within the dominion of Wales make over to  he in mortgage he by his last will devise all his land in the county of g m  and d or elsewhere within the dominion of Wales to sir John win and his heir  and devise a rentcharge of pound per annum issue out of the same land and then  bequeathe diverse legacy to the value of pound and then come this clause in  his will videlicet the residue of all my personal estate I give to my love  executor leave a blank for the name of his executor and upon this will the  question be whether the land he have in mortgage shall pass to sir John win by  the devise of all his land or whether the lady Littleton who be next of kin  and be his administratrix shall have they upon hear counsel it be decree per  Lord chancellor for the administratrix and in this case it be Vernon chancery  case declare by the Lord chancellor that always when a mortgagee die and make  no devise of the land be basin mortgage they shall go to the executor and in  London there be this special custom that land in mortgage be always reckon the  personal estate of the mortgagee be be a citizen at the commonlaw if the  defeazance of a mortgage appoint the money to be pay either to heir or  executor disjunctively there the mortgagor may elect to pay it to the heir or  executor as he please Thornborough v baker Ch can   light a but if he do not  elect it shall belong to executor Thornborough v baker ub sup No doctrine  however seem to be more clear settle than that the estate of the mortgagee in  fee not in possession and equity of redemption not foreclose or release as to  which see attorneygeneral v vigour Ves in the mortgage land be consider as  personal estate Fisk v Fisk pre Ch Awdley v Awdley post vol Howell v price p  wms and case cite in not there so though two descent cast tabor v Grover on  appeal post vol contra if intention of testator mortgagee in possession appear  Fisk v Fisk ub sup noise v mordant pre Ch post vol so if forfeit and in  possession cotton v isle post Eq can Abr et vide turner v crane post Canning v  Hicks post and case cite in not there but mortgage in fee though forfeit will  not pass by the general word all my land tenement and hereditament stride V  Russel post vol nor though the equity of redemption be afterward I e after the  make of the will foreclose or release ibidem but by a devise of all my  mortgage the mortgage land will pass obscure v Grysill cro car as to trust  estate with power of appointment pass by a devise of all my estate c in b and  c or elsewhere in the kingdom of England after payment of my debt hold not to  pass read v read t r and as to the principal case it be observe that the  testator do make special mention of the three county in which his own land of  inheritance lie but not of the county in which the mortgage land lie but add a  general clause current branch or elsewhere within the dominion of Wales and  have thus descend to particular he have thereby so limit and circumscribe his  intention that the general fortuitous clause can open or enlarge it for that  be but in the nature of a et ctera and may serve to fetch in small parcel of  land that be the testator own inheritance that lie out of the say three county  if any such there be as in truth in this case there be but shall never reach  the mortgage land which be of a different nature and the rather for that in  this case the mortgage land be of great value and equivalent to if not exceed  the value of his other land and therefore must not pass by such a general  clause as if they be only skirt and member of the other lands But in the case  of Chester v Chester p wms where one devise all his land in a b and c three  distinct town and elsewhere and have land of much great value than those in a  b and c in another county the land in the other county be decree to pass by  the word elsewhere and by Lord chancellor king assist by Raymond Ch I and  other judge the word elsewhere be the same as if the testator have id be  devise all his land in the three town particular mention or in any other place  whatsoever Mr Cox in a note on this case in his valuable edition of p wms have  cite several other case in support of this construction but cite the case of  strong v Teatt burr and bro p c with a vide yet the word there after the  particular devise be all other the land tenement and hereditament in the say  county of Tyrone and meath whereof I be seize with the appurtenance and the  question be whether a reversion will pass thereby and agree it will if  unrestrained by other word direct express or by the meaning to be collect from  the will but there be such word or expression in that case and so hold on writ  of error from king b in Ireland and affirm on writ of error in dom proc that  reversion do not pass see also Fletcher v Smiton t r Sheffield v Mulgrave t r  roe v read t r do v meakin east Goodright v Downshire Bos p do v Wetherby east  attorneygeneral v vigour Ves as to the effect of the word elsewhere in the  case of land not purchase at the time of make the will vide Guidot v Guidot  atk and see the principal case report vent by the name of sir Thomas Littleton  case a devise by mortgagee of all and every his real estate to a and his heir  will pass the legal estate in mortgage premise Marlow v smith p wms  attorneygeneral v Phillips in can Nov but by Lord Hardwicke by a devise of all  land tenement and hereditament a mortgage in fee shall not pass Casborne v  scarf atk vide however as to the distinction between the pass of the legal and  beneficial interest of mortgagee in mortgage premise har but   light b not and  Mr sander note to Casborne v scarf ub sup and case there cite by the late case  it seem that the legal estate in mortgage premise will not pass by general  residuary devise by mortgagee of all his estate and effect whatsoever and  wheresoever to a and his heir c duke of Leeds v Monday Ves also ex part  Sergison Ves in which case though the Lord chancellor and the master of the  roll incline to think the mortgage estate pass by the general devise yet the  master report contain a contrary judgement be confirm but see contra roe v  read ub sup Braybrooke v Inskid Ves ex part Morgan Ves but where the will of  mortgagee be as to such manor land and premise wherein the testator be possess  of any estate for any term or term of year he declare and appoint that the  trustee therein name their executor and administrator shall stand possess  thereof in trust from time to time to assign the same to such person or person  as shall be entitle to the actual possession of his land of inheritance by  virtue of the limitation therein contain it be hold by Loughborough Chan that  several very old mortgage for term of year and also a mortgage in fee shall on  account of length of time pass by the will though defendant by her answer  state that she do not believe there ever have be a release of the equity of  redemption in any of the say mortgage attorneygeneral v bowyer Ves Ves dly for  that he by his will have charge the land that pass by this devise of all his  land with a rentcharge for life and no man can be think so improvident as to  grant a rend for so great a estate and of so long a continuance as for life  out of land which be every d a redeemable although it be answer that when the  mortgage shall be redeem every one shall have part of the money pro rata for  their several interest vide burn v best post p dly suppose the devise have be  of all his land in the say three county as in this case it be and then without  more he have say that the rest of his personal estate shall Vernon chancery  case go to his executor there perhaps the mortgage land shall pass for  otherwise there will be nothing to answer and make sense of that clause and  the residue of my personal estate c for that do imply that he have already  devise some part of his personal estate or at least it show that he mean part  of it shall have pass but as this case be those word residue of his personal  estate be without any such construction well understand and effectual answer  for before that clause in his will he have devise diverse legacy that in the  whole do amount unto pound and forasmuch as the administratrix in this case be  near of blood to the testator and therefore as well entitle to the equity of  this court as the devisee who be more remote in blood although he be of the  same name and this be a case pure of construction for that these mortgage land  can pass to the one or other of they by the word of the will and so there be  construction against construction and not a Vernon chancery case er p  construction against the letter of the will hereupon it be decree that the  administratrix shall have the say mortgage land Reg lib b fol Vernon chancery  case er p