[PAULUS libro tertio decretorum. ] §29.2.97.prClodius Clodianus facto prius testamento postea eundem heredem in alio testamento inutiliter facto instituerat: scriptus heres cum posterius putaret ualere, ex eo hereditatem adire uoluit, sed postea hoc inutile repertum est.
[PAULUS, from the third book of Decrees.] Clodius Clodianus, having previously made a will, afterwards appointed the same heir in another will which was made ineffectively. The appointed heir, thinking that the latter will was valid, wished to enter upon the inheritance on the basis of it, but afterwards this latter will was found to be ineffective.
Papinianus putabat repudiasse eum ex priore hereditatem, ex posteriore autem non posse adire.
Papinian was of the opinion that he had rejected the inheritance under the prior will, and that he could not enter upon it under the subsequent one.
dicebam non repudiare eum, qui putaret posterius ualere.
I argued that a person who thought the subsequent will was valid did not reject the prior inheritance.
pronuntiauit Clodianum intestatum decessisse.
The Emperor pronounced that Clodianus had died intestate.