Hermogenianus, Epitomes of Law, Book IV. Where anyone in the beginning of his will expresses himself as follows, “I wish he to whom I have twice made the same bequest shall only be paid once,” and afterwards, by the same will or by a codicil, he knowingly bequeaths the same property several times to the same person, his last will should be held to prevail, for no one can say that a man is not permitted to revoke his first will. This, however, will only apply where he expressly states that he had changed his original intention, and desired that the legatee should receive several bequests. 1Where a soldier who has been sentenced to death for a capital crime is, by the terms of the sentence which condemned him, permitted to make a will, he is also authorized to leave property in trust. 2The beneficiary of a trust must alone sustain the loss caused by the death of a slave left to him under the same, before the heir is in default, even though a slave belonging to another is the subject of the legacy.

The Same, Epitomes of Law, Book IV. Where a legacy bequeathed under a condition is transferred to another, it is considered to have been transferred under the same condition, if it was not personal.

Hermogenianus, Epitomes of Law, Book IV. The Falcidian Law applies to the will of a veteran, whether he be the head of a household or a son under paternal control, even if he should die within a year after his discharge. 1If a tract of land of the value of twenty aurei should be devised to anyone on condition of his paying ten, the devisee will be entitled to the entire tract of land.

Hermogenianus, Trusts, Book XIV. For the right of paternal control does not apply to the duties of public office.

Hermogenianus, Epitomes of Law, Book IV. If, after having been placed in possession of the property of an estate, in order to provide for the payment of legacies, or the execution of trusts, you should hold some article which has been bequeathed to me in trust, it is more equitable that I should have the said article which has been bequeathed to me than that you should have it, for the reason that you are only in possession of the same in order to insure the execution of another trust. Where, however, a legacy is bequeathed to me under a condition, and, in the meantime, you are placed in possession of the property for the purpose of securing the payment of legacies, and the condition should subsequently be complied with, I will not be refused permission to demand the property. In like manner, if anyone should obtain possession of a slave who is to be free under a condition, and the condition should be fulfilled, the legatee cannot prevent the slave from obtaining the freedom to which he is entitled. 1If a creditor of the heir is placed in possession of property for the purpose of securing the payment of his claim, and he acquires possession of some article which has been left to me in trust, it is established that I will not be prejudiced on this account any more than if the creditor had received the said article in pledge from the heir himself.

The Same, Epitomes of Law, Book IV. Whenever property is claimed by two persons under a lucrative title, he whose title to the same is the more ancient should have the preference.