Page:Moraltheology.djvu/249

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If her husband dies intestate and without issue, the widow is entitled to the whole of her husband's estate, both real and personal, when such estate does not exceed five hundred pounds in value; if over that amount she takes five hundred pounds out of the real and personal estate ratably before any division is made, and after that the share in the remainder to which she was entitled before the passing of the Intestates' Estate Act, 1890.

Before the passing of this Act a widow of a husband who died intestate took one-half of the personalty if there were no children of the marriage, otherwise she took one-third. Moreover, one- third of the intestate's real property went to the wife for life. These rights, therefore, she still possesses.

3. A married woman can now make a will and leave her separate property according to law to whom she pleases. In conscience she must of course take account of the needs of her surviving relatives and of other legitimate claims on her remembrance. If she dies intestate, all her personalty goes to her husband; her realty also goes to him for life, afterwards to the only child, or to the eldest son or his issue if he be dead, or to the daughters equally.

SECTION IV

The Right of the Church to Possess Property

i . We have already seen that not only physical persons but also corporations or societies can own property. The Church is a perfect, independent, and visible society founded by Christ our Lord, and endowed by him with all the rights and privileges which are necessary to enable her to attain her end. This end is the sanctification and salvation of souls by the preaching, propagation, and exercise of the Christian religion. It is obvious that for the support of the Church's ministers and missionaries, for the building and upkeep of churches, for the decent and proper exercise of religious worship, and for numerous other purposes, ample revenues and lands are required, and, inasmuch as the Church has the obligation and the right to work for the end for which she has been founded by God, so she has the right to the necessary means. This reasoning is confirmed by the condemnation by the Popes of several false propositions bearing on the Church's right of ownership [1] (Can. 1495).

  1. Props. 10, 32, 33, 36 of Wyclif; and Prop. 26 of the Syllabus.