§ 53-2-109 - (Pre-1998 Probate Code) Manner of proof of assent of executor; proceedings to compel assent; effect of assent or refusal to assent - Georgia Statutes

O.C.G.A. 53-2-109 (2010)
53-2-109. (Pre-1998 Probate Code) Manner of proof of assent of executor; proceedings to compel assent; effect of assent or refusal to assent

(a) The assent of the executor may be express or may be presumed from his conduct.

(b) Assent should be evidenced by a conveyance of realty or tangible personalty or by an assignment or transfer of a chose in action. In the absence of a prior assent, the discharge of the executor shall be conclusive evidence of his assent.

(c) If no assent has been given within one year after the executor has qualified, a devisee or legatee may cite the executor in the probate court to show cause why his assent should not be given or may compel him to give assent by an equitable proceeding.

(d) The executor may not, by assenting to legacies or devises, interfere with the rights of creditors, nor may he, by capriciously withholding his assent, destroy the legacy or devise.