Indian Succession Act,1925
Act No : 39
Section :
Effect of executor's assent to specific legacy.
333. Effect of executor's assent to specific legacy.-(1) Theassent of the executor or administrator to a specific bequest shall besufficient to divest his interest as executor or administratortherein, and to transfer the subject of the bequest of the legatee,unless the nature or the circumstances of the property require that itshall be transferred in a particular way. (2) This assent may be verbal, and it may be either express orimplied from the conduct of the executor or administrator. Illustrations (i) A horse is bequeathed. The executor requests the legatee todispose of it, or a third party proposes to purchase the horse fromthe executor, and he directs him to apply to the legatee. Assent tothe legacy is implied. (ii) The interest of a fund is directed by the will to be appliedfor the maintenance of the legatee during his minority. The executorcommences so to apply it. This is an assent to the whole of thebequest. (iii) A bequest is made of a fund to A and after him to B. Theexecutor pays the interest of the fund to A. This is an implied assentto the bequest to B. (iv) Executors die after paying all the debts of the testator,but before satisfaction of specific legacies. Assent to the legaciesmay be presumed. (v) A person to whom a specific article has been bequeathed takespossession of it and retains it without any objection on the part ofthe executor. His assent may be presumed.
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