Nash v. Williamson

The court did not err in sustaining the general demurrer and in dismissing the action.

Before title passes to a devisee and before a devisee is entitled to possession of the property devised, there must be assent of the executor. Code § 113-801. This section applies with equal force to an administrator cum testamento annexo. Whatley v. Musselwhite, 189 Ga. 91, 101 (5 S. E. 2d 227). It does not appear from the petition that the debts of the estate had been paid or that the administrator cum testamento annexo assented to the legacy. In the instant case, there is no presumption that due to the…