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 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 rupees.
The executor assents to the bequest, on condition that B shall within a limited time pay the amount due on the mortgage at the testator's 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.
Legal Commentary & Landmark Judgments: Section 334
Section 334 validates conditional assent by an executor, providing that an assent subject to a precedent condition remains suspended until performance, and if the condition is not fulfilled, the assent is entirely void.
Executors seeking to protect the estate against unexpected claims should issue written, conditional assent notices stipulating indemnification or clearance of specified charges. Litigants purchasing property from specific legatees must conduct due diligence to verify that any conditional assent has been fully consummated.