The assent is nevertheless valid.

Assent of executor to his own legacy Assent of executor to his own legacy. When the executor is a legatee, his assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the bequest is to another person, and his assent may in like manner be expressed or implied. Implied assent. - Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor. An executor takes the rent of a leasehold or government securities bequeathed to himself, and applies it to his own use.