When a will leaves a library, does the legacy also cover individual manuscripts or work papers? Section 553 ABGB sets the rule for interpretation.
Mag. Bernhard Brandauer
Attorney · BRANDAUER Rechtsanwälte, Salzburg
Inheritance matters are handled by Mag. Bernhard Brandauer together with a coordinated team. We examine the will, compulsory portion, gifts and deadlines and tell you clearly where you stand.
Whether particular manuscripts fall within a bequest of a library depends on the wording of the will. Section 553 ABGB generally gives words their ordinary meaning. A special meaning attributed by the deceased matters when the will at least indicates that intention.
A bound manuscript, a loose page and personal working papers differ in form and function. The sections below show how to assess each item against the wording of the will.
The wording and the form of the disputed item identify the next point to examine.
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The wording and the form of the disputed item point to the next question to examine.
Copy the complete wording, including any restrictions. Note whether the will refers to an entire library, a collection kept in a particular place or one section of it. Then compare the disputed manuscripts with that description.
List the titles, authors and catalogues mentioned in the will. Compare each manuscript with the criteria used to describe the library or selection.
Record bound volumes, inserted pages and working files separately. Note their form, labels, catalogue entries and location, then relate each detail to the wording of the legacy.
Read the complete clause that makes the legacy. Include any restrictions and references to a room, collection or catalogue. The wording identifies the group described in the will and the features to use when matching individual items.
Record separately whether the will names an entire library, a section of it or selected titles. This keeps the description applied to each disputed manuscript clear throughout the review.
Section 653(1) ABGB identifies which things may generally be the subject of a legacy. It does not identify the individual works covered by a bequest of a library. For that question, the wording of the will remains important under section 553 ABGB.
A bound manuscript volume, a page inserted in a book, a loose handwritten page and a folder of work notes are different objects. Describe each item by its form and check whether the will or a catalogue it refers to identifies that kind of material.
Storage among the books does not answer the classification question on its own. A catalogue entry, label, binding and arrangement may show how the collection was organised. Relate those details to the description in the will.
Create a separate record for each disputed item. Quote the relevant clause and note the item description, catalogue number and location. Identify the words that connect the item to the legacy and the details said to support a different reading.
This comparison separates undisputed books from the manuscripts and work papers in question. Section 553 ABGB requires a claimed special meaning of the words to be at least indicated in the will. It also directs the interpretation towards the result sought by the deceased and allows the testamentary disposition to remain in force at least in part.
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