Article 5

On Things That Are Left to the Brothers by Will

As it sometimes happens, in the disposition of last wills, that certain things are left to the Brothers in different ways; and as it is not expressly stated either in the Rule or in the declarations of our Predecessors what is to be done in such cases: in order that there may henceforth be no doubt on this subject, having regard at the same time to the intention of those who bequeath and to the conscience of the Brothers.

We declare, ordain, and state that, if the Testator attaches a condition to his legacy which the said Brothers are not permitted to accept because of their state; as, for example, if he bequeaths to them a vineyard or a field to cultivate, a house to rent out, or if he uses similar terms for other like things and leaves them in the same manner, they must absolutely refrain from receiving such a legacy.

But if he expresses himself in a manner proportioned to their state; as if he were to say, I bequeath this sum for the needs of the Friars Minor, or this house, this field, this vineyard, and other similar things, so that they may be sold by one or several knowledgeable persons, and that the money derived therefrom be used to construct buildings for them or to assist them in some other needs; if the Testator uses such terms and such means, we ordain that in this case the Brothers observe in all things and everywhere what we have declared concerning pecuniary alms, having regard to their necessities and to the limitations set forth above.

Moreover, let the heirs and the testamentary executors generously satisfy such legacies; and let the Prelates and secular Judges, to whom it belongs by right or by custom to see to this, employ all their care to ensure that the pious intentions of the deceased are fulfilled. For we intend, by lawful means suited to the Rule of the Brothers, to ensure that the greed of heirs is restrained, that the good intentions of Testators are followed, and that the poor Friars Minor are not deprived of the assistance they need.

If someone leaves them a thing in general terms, indeterminately and without specifying the manner: we will and ordain by this present Constitution, valid forever, that with regard to such a legacy one observe what we have prescribed concerning alms given in money without any specification; that is to say, that the thing be deemed to have been left to them in the manner in which it is permitted for them to receive it, so that the deceased may not lose the merit thereof and the Brothers may have the benefit of it.