50(1)Where there is no legal personal representative of a deceased mortgagor of freehold property, it is sufficient for the purposes of an action for the foreclosure of the equity of redemption in, or for the sale of, the property that the person beneficially entitled to the property or the proceeds thereof, under the last will and testament if any, or the intestacy, be made defendant to such action, and it is not necessary that a legal personal representative of the deceased mortgagor be appointed or made a defendant thereto unless it is otherwise ordered by the Court in which the action is brought, or by a judge thereof; but if, during the pendency of the action, the equity of redemption devolves upon and becomes vested in a legal personal representative of the mortgagor he shall be made a party to the action.