Executor assent to a will controls vesting of title, and a unilateral sale by co-executors remained valid here.

Property bequeathed under a will vests in all executors jointly, and title passes to a legatee only on assent by the executors, whether express or implied. A unilateral act by one executor does not amount to valid assent where another executor has not joined, because one executor cannot represent the estate to the exclusion of the other. On the stated facts, the will had not been probated or proved by the elder executor at the relevant time, so the one-executor exception did not apply. The executors therefore retained authority to sell privately, the private sale was valid, and the court auction purchaser acquired no right, title or interest.

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Issues: Whether the property bequeathed under the will had vested in the legatees by reason of assent of the executors so as to make the executors' private sale invalid, and whether the court auction purchaser acquired any right, title or interest in the suit property.

Analysis: The property of a deceased testator vests in all executors, and where there are more than one executor, they represent the estate jointly. Title does not pass to the legatee until assent of the executors, and such assent may be express or implied. However, a unilateral act of only one executor cannot amount to assent where another executor has not joined, because one executor cannot represent the estate to the exclusion of the other. The Will had not been probated or proved by the elder executor at the relevant time, so the enabling provision permitting exercise of power by one executor did not apply. The legatee's right therefore remained inchoate, and the executors continued to have authority under the Will. The private sale executed by the executors was thus valid, and the property was not available for court sale.

Conclusion: The private sale was valid, the court auction did not convey any right, title or interest to the appellants, and the appeal failed.

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