Consent

is an agreement to something proposed, and differs from assent, (q. v-) Wolff, Ins. Nat. part 3, § 1054. Consent is either express or implied. Express when it ig given viva voce, or in writing; implied, when it is manifested by signs, actions or facts, or by inaction 1, When a legacy is given with a condition annexed to the bequest, requiring the consent of executors to the marriage of the legatee, and under suchaconsent being given a mutual attachment has been suffered to grow up, it would be rather late to state terms and conditions on which a marriage between the parties should take place, 2 Ves. & Beames, 234; Ambl. 264; 2 Freem. 201; unless such consent was obtained by deceit or fraud, 1 Eden, 6; 1 Phillim.

300; 12 Ves. 19.—2.

Such a condition does not apply toa second marriage.

3 Bro. C. C. 145; 3 Ves. 230.—3.

If the consent has been substantially given, though not modo et forma, the legatee will be held duly entitled to the legacy.

1 Sim. & Stu. 172; 1 Meriv. 187; 2 Atk. 265.—4.

When trustees under a marriage settlement are empowered to sell ‘ with the consent of the husband. and wife,” a sale made by the trustees without the distinct consent of the wife, cannot be a due execution of their power.

10 Ves. 378.—5.

Where a power of sale requires that the sale should be with the consent of certain specified individuals, the fact of such consent having been given, ought to be evidenced in the manner pointed out by the creator of the power, or such power will not be considered as properly executed.

10 Ves. 308. Vide, generally, 2 Supp. to Ves. jr. 161, 165, 169; Ayliff’s Pand. 117; 1 Rop. Leg. 345, 539.

Gon SEQUENTI AL DAMA-