Section 335Chapter VIII
Assent of executor to his own legacy
OF ASSENT TO LEGACY BY EXECUTOR OR ADMINISTRATOR
An executor takes the rent of a house or the interest of Government securities bequeathed to him, and applies it to his own use. This is assent.
(1)
When the executor or administrator is a legatee, his assent to his own legacy is necessary to complete his title to, 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.
(2)
Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of executor or administrator.