His assent may be presumed.

Conditional assent Conditional assent. The assent of an executor to a legacy may be conditional, and if the condition be one which he has a right to enforce and it is not performed, there is no assent. Illustrations.

1. (a) A bequeaths to B his lands of Sukanpur, which at the date of the will and at the death of A, were subject to a mortgage for 10,000 rupees. The executor assents to the bequest on condition that B shall within a limited time pay the amount due on the mortgage at the testator's death. The amount is not paid. There is no assent.
2. (b) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made.