Gaius, On the Lex Julia et Papia, Book III. Where several heirs mentioned in a will were substituted for someone, as follows: “If he should not be my heir, let whoever will be inherit his share of my estate”, it is settled that each heir will be called to the share of the heir of him who is lacking; and it does not make any difference whether he who becomes heir to the larger portion of the estate does so by virtue of his appointment, or whether he has obtained it through some law by which he was granted the share of another.

Gaius, On the Lex Julia et Papia, Book II. Where a legacy was bequeathed as follows, “If she should not marry Titius,” or, “If she should marry neither Titius, Seius, nor Mævius,” and finally a large number of persons were included in the prohibition, it was held to be the better opinion that the woman would lose her legacy if she married any one of them; for it does not appear that widowhood was imposed by such a condition, because she could very easily marry someone else. 1Let us see what would be the case if a legacy was bequeathed to a woman under the condition that she married Titius. And, indeed, if she could marry Titius honorably, there can be no doubt that she would be excluded from the legacy, unless she complied with the condition. If, however, the said Titius was unworthy of contracting marriage with her, it must be said that she can marry anyone that she pleases, by the beneficent provision of the law. For when she was ordered to marry Titius, she was forbidden to marry anyone else, and therefore, if Titius is unworthy of her, the provision is the same as if it had been stated in general terms, “If she should not marry.” And, moreover, if she entertains a genuine affection, this condition is harder than the one, “If she should not marry,” for she is forbidden to marry anyone else but Titius, with whom her marriage would be dishonorable.