Section 334Conditional assent
Part IX Probate, Letters of Administration and Administration of Assets of Deceased.
Chapter VIII OF ASSENT TO LEGACY BY EXECUTOR OR ADMINISTRATOR
s. 334
334. Conditional assent The assent of an executor or administrator to a legacy may be conditional, and if the condition is one which he has a right to enforce, and it is not performed, there is no assent. Illustrations (i) A bequeaths to B in his lands of Sultanpur, which at the date of the will, and at the death of A, were subject to a mortgage for 10,000 Taka. The executor assents to the bequest, on condition that B shall within a limited time pay the amount due on the mortgage at the testators' death. The amount is not paid. There is no assent. (ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made. The assent is nevertheless valid.