[PAPINIANUS libro quarto decimo quaestionum. ] §29.1.34.prEius militis, qui doloris inpatientia uel taedio uitae mori maluit, testamentum ualere uel intestati bona ab his qui lege uocantur uindicari diuus Hadrianus rescripsit.
[PAPINIANUS, in his fourteenth book of Questions.] The deified Hadrian replied by rescript that the testament of that soldier who, through impatience of pain or weariness of life, preferred to die, is valid, or that his property as an intestate is to be claimed by those who are called by law.
§29.1.34.1Militia missus intra annum testamentum facere coepit neque perficere potuit: potest dici solutum ita esse testamentum quod in militia fecit, si iure militiae fuit scriptum: alioquin si ualuit iure communi, non esse iure rescissum.
A person discharged from service began to make a testament within a year but was unable to complete it: it can be said that the testament which he made during his service is thus dissolved, if it was written under military law; otherwise, if it was valid under common law, it is not legally revoked.
§29.1.34.2Nec tamen circa militem eadem adhibebitur distinctio: nam quocumque modo testamentum fecerit, nouissima uoluntate rescindetur, quoniam uoluntas quoque militis testamentum est.
However, the same distinction will not be applied to an active soldier; for in whatever manner he may have made his testament, it will be revoked by his latest will, since the mere will of a soldier is also a testament.