388. Effect of specific bequest of mortgage.

388.     Effect of specific bequest of mortgage.

A specific bequest of the mortgage entitles the legatee both to the mortgage debt and to the mortgaged property, subject to the executors' assent1. Upon this assent being given, the legal title to the debt and all the mortgagee's interest in the mortgaged property, legal or otherwise, vests in the legatee2. Where a testator has by his will devised or bequeathed property and sells it during his lifetime, leaving part of the purchase money on mortgage, the mortgage does not pass to the devisee or legatee of the