exhausted, part of the legacy still remains unpaid, he or she is entitled to rank
for the remainder against the general assets as for a legacy of the amount of
the unpaid remainder.
291. Abatement of specific legacies.
If the assets are not sufficient to answer the debts and specific legacies, an
abatement shall be made from the latter rateably in proportion to their
respective amounts.
292. Legacies treated as general for purpose of abatement.
For the purpose of abatement, a legacy for life, a sum appropriated by the
will to produce an annuity and the value of an annuity when no sum has been
appropriated to produce it shall be treated as general legacies.
PART XXXV—EXECUTOR’S ASSENT TO A LEGACY.
293. Assent necessary to complete legatee’s title.
The assent of the executor is necessary to complete a legatee’s title to his or
her legacy.
294. Effect of executor’s assent to specific legacy.
(1) The assent of the executor to a specific bequest shall be sufficient
to divest his or her interest as executor in it, and to transfer the subject of the
bequest to the legatee, unless the nature or the circumstances of the property
require that it shall be transferred in a particular way.
(2) The assent of the executor may be verbal, and it may be either
express or implied from the conduct of the executor.
295. Conditional assent.
The assent of an executor to a legacy may be conditional, and if the condition
is one which he or she has a right to enforce and it is not performed, there is
no assent.
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