Holcombe v. Stauffacher

Atkinson, Justice.

(After stating the foregoing facts.) “All property, both real and personal, 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.” Code, § 113-801. “The assent of the executor may be express or may be presumed from his conduct.” Code, § 113-802.- Since there is a presumption that executors will perform their duties and will thus take care of estates entrusted to them (Wilson v. Aldenderfer, 183 Ga. 760, 189 S. E. 907), where nothing else appears, the assent of an executor to a legacy may be…