[ULPIANUS libro quinto decimo ad Sabinum. ] §30.1.14.prSi ita sit adscriptum: 'si cui legauero bis, semel heres ei dato' uel 'ut semel debeatur', et eidem duas quantitates adscripserit uel duos fundos, an utrumque debeatur? et ait Aristo unum uideri legatum: nam quod ademptum est, nec datum uideri secundum Celsi et Marcelli sententiam, quae uera est.
[ULPIANUS, Book 15 on Sabinus.] If it should be written thus: 'If I bequeath to someone twice, let the heir give it to him once,' or 'so that it is owed only once,' and the testator has written down two sums of money or two tracts of land for the same person, is both owed? And Aristo says that only one seems to have been bequeathed: for what has been revoked is deemed not to have been given, according to the opinion of Celsus and Marcellus, which is correct.
§30.1.14.1Sed Papinianus libro nono decimo quaestionum ait etsi post legata saepius adscripta idem hoc subiecit semel praestari uelle et hoc ante impletum testamentum fecerit, ipso iure uideri cetera legata adempta.
But Papinian, in the nineteenth book of his Questions, says that even if, after writing down legacies several times, the testator appended this same statement that he wished them to be performed only once, and did this before the testament was completed, the remaining legacies are deemed to have been revoked by operation of law.
sed quo magis erit ademptum? non enim apparet.
But which one is the more revoked? For it does not appear.
et ait posse dici exiguius esse praestandum.
And he says it can be said that the lesser one is to be performed.