311. Devolution of the right of redemption on death.

311.     Devolution of the right of redemption on death.

On the death of the mortgagor, the equity of redemption, and with it the right to redeem, devolves on his personal representatives1 and is exercisable by them until, by assent or conveyance, the equity becomes vested in the devisee or other person entitled.

Legatees whose legacies are charged on the mortgaged property can redeem to protect their legacies2, but only through the personal representatives, unless a special case is made for redemption otherwise than through the personal representatives3.

If a mortgagor dies without next of