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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