Section 115. Assent of executor to his own legacy. Implied assent.

When the executor is a legatee, his assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the bequest is to another person, and his assent may in like manner be express or implied. Implied assent.–– Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor. Illustration An executor takes the rent of a house or the interest of Government securities bequeathed to him, and applies it to his own use. This is assent.