Morals of the Church
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Section — Wouters, Manual of Moral Theology

Scholion. On Legacies

823.

I. Notion. A legacy is a clause by which a testator bequeaths some particular thing to someone. The very thing thus bequeathed is also called a legacy.

Legacies

824.

II. Rights of a legatee. Whether a legatee acquires from a testament a right in the thing, or a right to the thing, depends on law. Moreover, as regards the rights and burdens of a legatee, the law of one's country should be consulted. Besides these things, observe:

  1. A legacy left to determinate girls so that they may marry can also be given to them so that they may become religious, unless the intention of the testator is otherwise clear (St. Alphonsus, III, 930). Thus the Sacred Congregation of Bishops and Regulars.1 The reason is taken from the fact that the testator is presumed to have consented implicitly. The contrary is commonly to be said concerning a legacy left to indeterminate girls so that they may marry; "for such testators often and piously intend thus to provide only for girls wishing to marry, lest they be exposed to the danger of prostitution" (St. Alphonsus, l.c.).

  2. A legacy left to indeterminate nuns can also be given to women religious who profess simple vows, provided their institutes have been approved by the Holy See, they emit perpetual vows, and the testator has not expressly established that the legacy should come only to those professed of solemn vows. Thus Pius IX by decree of the Sacred Congregation of Bishops and Regulars.2

  3. A legacy left to orphans can, rather probably, be given to those who have parents by whom they cannot be supported. The reason is that it is sufficiently probable that the testator implicitly consented (St. Alphonsus, III, 930, doubt II).

1 February 25, 1812.

2 November 12, 1847; cf. Aertnys-Damen I, n. 702.

Legacies