The executor's assent to the trusts of the will

Abstract

The executor's assent to the trusts of a will is constituted by his formal recognition of the legatee's or devisee's right to the bequest or devise and indicates thereby that that particular property so devised or bequeathed is no longer required for the purposes of administration. The corollary to the executor's assent is the question whether on the death of the testator and before such assent is given there is already a right or title, estate or interest subsisting in the beneficiary which is subject always to the paramount claims of creditors, or on the other hand the beneficiary has a mere interest in respect of the assets as opposed to an interest in the assets of the estate which interest is capable of being invoked for any purpose connected with the proper administration of the estate.