[GAIUS libro quinto decimo ad edictum prouinciale. ] §29.1.17.prSi certarum rerum heredes instituerit miles, ueluti alium urbanorum praediorum, alium rusticorum, alium ceterarum rerum, ualebit institutio perindeque habebitur, atque si sine partibus heredes eos instituisset resque omnes suas per praeceptionem cuique legando distribuisset.
[GAIUS, in his fifteenth book on the Provincial Edict.] If a soldier should institute heirs for certain specific things, for example, one for urban properties, another for rustic properties, and another for the rest of his things, the institution will be valid and will be regarded just as if he had instituted them as heirs without specifying shares, and had distributed all his property to each by bequeathing it through preception.
§29.1.17.1Iulianus etiam ait, si quis alium castrensium rerum, alium ceterarum scripsisset, quasi duorum hominum duas hereditates intellegi, ut etiam in aes alienum, quod in castris contractum esset, solus is teneatur, qui castrensium rerum heres institutus esset, extra castra contracto aere alieno is solus obligetur, qui ceterarum rerum heres scriptus esset.
Iulianus also says that if someone had designated one person as heir of military property and another of the rest, it is understood as if there were two estates of two men, so that even in respect of a debt contracted in camp, only he who was instituted heir of the military property is liable, while for a debt contracted outside camp, only he who was written heir of the rest of the property is bound.
cui scilicet conueniens uidetur respondisse, ut ex quaqua causa debeatur militi, uel huic heredi uel illi ipso iure debeatur.
To which, of course, it seems consistent that he answered, that whatever is owed to the soldier on any account, it is owed ipso iure to either this heir or that one.
quod si alterutra pars bonorum aeri alieno, quod ex ea causa pendebit, non sufficiat et propter hoc is qui ex ea parte heres institutus est non adierit, alterum qui adisset compellendum esse aut defendere totam hereditatem aut totam creditoribus soluere.
But if either part of the property is not sufficient for the debt which depends on that cause, and for this reason he who was instituted heir for that part does not enter upon the inheritance, the other who had entered must be compelled either to defend the whole inheritance or to pay the whole to the creditors.
§29.1.17.2Si eodem testamento miles eundem heredem, deinde exheredem scripserit, adempta uidetur hereditas, cum in paganorum testamento sola hereditas exheredatione adimi non possit.
If in the same will a soldier should write the same person as heir and then as disinherited, the inheritance is considered to have been taken away, whereas in the will of a civilian the inheritance alone cannot be taken away by disinheritance.
§29.1.17.3Si pater a filio familias milite ex castrensi peculio heres institutus omissa causa testamenti aliquid ex peculio possidebit doloue malo fecerit, quo minus possideret, datur in eum legatorum actio.
If a father, having been instituted heir from the military peculium by his soldier son-in-power, should abandon the cause of the will and possess something from the peculium or act with malicious intent so as to possess less, the action for legacies is granted against him.
§29.1.17.4Si miles testamentum in militia fecerit, codicillos post militiam et intra annum missionis moriatur, plerisque placet in codicillis iuris ciuilis regulam spectari debere, quia non sunt a milite facti, nec ad rem pertinere, quod testamentum confirmati sunt.
If a soldier should make a will during military service, and codicils after his military service, and die within a year of his discharge, it is agreed by most that in the codicils the rule of civil law ought to be observed, because they were not made by a soldier, and it is of no relevance that they were confirmed in the will.
ideoque in his legatis, quae testamento data sunt, legi Falcidiae locum non esse, at in his, quae codicillis scripta sunt, locum esse.
Therefore, in those legacies which were given in the will, the Lex Falcidia has no application, but in those which were written in the codicils, it does.