section 113
C is not entitled to receive the legacy without the assent of the executor.
The Jammu and Kashmir Probate and Administration Act, 1920General1977130 sections
Statutory text
Effect of executors assent to specific legacy Effect of executors assent to specific legacy. The assent of the executor to a specific legacy shall be sufficient to divest his interest as executor therein, and to transfer the title of the same to the legatee, unless the nature of the circumstances of the property require that it be transferred in a particular way. Nature of assent. - This assent may be verbal, and it may be either express or implied from the conduct of the executor.
- (a) A horse is bequeathed. The executor requests the legatee to dispose of it, or a third party proposes to purchase the horse from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied.
- (b) The interest of a fund is directed by the will to be applied for the maintenance of the legatee during his minority. The executor commences so to apply it. This is an assent to the whole of the bequest.
- (c) A bequest is made of a fund to A, and after him to B. The executor pays the interest of the fund to A. This is an implied assent to the bequest in favour of B.
- (d) Executors die after paying all the debts of the testator, and setting aside the satisfaction of specific legacies. Assent to the legacies may be presumed.
- (e) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection from the executor.
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