Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library
Nicolaus PP. III
Exiit qui seminat

IntraText CT - Text

  • How last testiments should be formulated and interpreted in their regard.
Previous - Next

Click here to show the links to concordance

How last testiments should be formulated and interpreted in their regard.

15. Regarding these things, since sometimes not a few things are assigned in diverse ways in last wills [and testaments] to the friars themselves, nor are there expressly contained [anything] concerning these things in the rule or the declarations of Our predecessors, lest in these things doubting befall the legators in the future [when] providing [for the friars], and [so] taking precautions for the consciences of the friars We declare, ordain, and say that if the testator expresses a manner according to which it would not be licit for the friars, considering their condition, to receive [the grant], so that if he might assign to the friars a vineyard or field for cultivating, a house for leasing, or would mention similar words in similar [cases] or would observe similar means in bequeathing [such things], let the friars abstain by every means from such an grant and its reception. If the testator truly has expressed a licit means in assigning to the friars, as if he would say: "I assign money to be expended for the necessities of the friars, or a house, field, vineyard and similar things so that by [means of] a certain person or suitable persons they be sold and the money accepted for these things be exchanged for a building or other necessaries of the friars," or [if] there are used similar means, or words, in assigning, in this case We judge that quantity to be observed regarding the friars in all things and by means of all things, [having] considered their necessities and [in accord with] the aforesaid regimens, which has been declared by Us above regarding the granting of monetary alms. For the payment of which things, having been assigned, let both the heirs of the testators as well as the executors show themselves liberal, as prelates and even seculars, to whom such a provision might pertain by law or custom, since it will be expedient that they show themselves to have been prompted from their office to fulfill the pious wills of those who are needy. For even We intend to provide by means licit and congruous with the rule of the friars so that the pious intention of deceased [persons] be not thwarted, and [so that] the cupidity of the heirs may be borne away with legitimate measures, and [so that] the poor friars themselves be not defrauded of opportune assistance. If truly something be assigned to the friars in a general manner without expressing the means, in regard to this grant bequeathed so indeterminately We wish in all things and by all things [that there] be understood and observed, and in perpetuity by the present constitution we command, that which above in [regard to] money or alms offered or sent to the friars [in an] indeterminate [manner] We have wished and expressed to be observed, namely so that in a licit manner it be understood to have been bequeathed to the friars so that neither the legator of merit nor the friars themselves of the effect of the bequest be defrauded.




Previous - Next

Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library

Best viewed with any browser at 800x600 or 768x1024 on Tablet PC
IntraText® (V89) - Some rights reserved by EuloTech SRL - 1996-2007. Content in this page is licensed under a Creative Commons License