Doubt IV: Whether a legacy to a religious stands, as belonging to him personally

I SAY the intention of the Testator is to be expounded and received benignly, so that it be understood that the legacy is dispensed in a lawful manner, leg. Plenum, §. equis, ff. on use, and habitation. And dispositions must be interpreted rather that they may stand than that they may perish, as the Doctors warn on Leg. In contrahenda ff. on the rules of law. And the perplexity of words is to be interpreted from the presumed will of the one disposing, Leg. qui quadringenta ff. on the lex Falcidia. See Diana part 3. tract. 2. resol. 34. Baffaeus num. 19.

He can THEREFORE acquire a Legacy for the sole uses conceded to a Religious, by license. If, however, the testator expresses that he wills the Legacy only under the condition that it be under the dominion of the Religious, it falls; because then the will obtains the first place. See Baffaeus.