Report No. 110
Assent to a Legacy by Executor or Administrator (Sections 332 to 337)
42.1. Scheme of the sections.-
Sections 332 to 337 lay down the law relating to assent to a legacy of an executor or administrator. The general principle is that absent of the executor or administrator is necessary to complete the title of a legatee to his legacy; section 332. This, in fact, could be derived from the broader principle that it is the executor or administrator who represents the deceased,1 and in whom the title vests until steps are taken to "divest his interest."2
Once the assent is given, it takes effect from the death of the testator; section 336. Payment or delivery of the legacy, however, by the executor is not obligatory, until one year expires after death: sections 337 and 338. The rest of the sections regulate certain matters of detail. We now proceed to a consideration of each section in detail.
1. See sections 305-315 and discussion relating thereto.
2. Compare section 333(1) and section 211.