Register v. Harper

The Civil Code (1910), § 3929, provides that, “Upon the death of the owner of any estate in realty, which estate survives him, the title vests in his heirs at law.” The undivided interest of a cotenant is subject to levy and sale. Leonard v. Scarborough, 2 Ga. 73. And see Starnes v. Quin, 6 Ga. 84, 87. “All property, both real and personal, in this State, being assets to pay debts, no devise or legacy passes the title until the assent of the executor is given to such devise or legacy.” Civil Code (1910), § 3895. “The assent of the executor may be presumed from his conduct, as well as his…