296. Assent of executor to his or her own legacy.
(1) When the executor is a legatee, the executor’s assent to his or her
own legacy is necessary to complete his or her title to it, in the same way as
it is required when the bequest is to another person, and that assent may in
like manner be express or implied.
(2) Assent shall be implied, if, in his or her manner of administering
the property, the executor he does any act which is referable to his or her
character of legatee, and is not referable to his or her character of executor.
297. Effect of executor’s assent.
The assent of the executor to a legacy gives effect to it from the death of the
testator.
298. Payment of legacy, etc.
An executor is not bound to pay or deliver any legacy until the expiration of
one year from the testator’s death.
299. Partition.
(1) Any person beneficially interested in any immovable property
vested in a personal representative may apply by petition to the court for a
partition of it; and the court, if satisfied that the partition would be beneficial
to all persons interested and would not be economically undesirable, may
appoint one or more arbitrators to effect the partition.
(2) The report and final award of the arbitrators, setting forth the
particulars of the immovable property allotted to each of the parties
interested, shall, subject to any law or laws for the time being in force, when
signed by them and confirmed by order of the court, be effectual to vest in
each allottee the immovable property so allotted; and, if the allotment is
made subject to the charge of any money payable to any other party
interested for equalising the partition, the charge shall take effect according
to the terms and conditions in regard to time and mode of payment and
otherwise which shall be expressed in the award.
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