Julianus, Digest, Book LXIX. Those who are unborn are, by almost every provision of the Civil Law, understood to be already in existence; for estates legally descend to them, and if a pregnant woman is taken by the enemy, her child has the right of postliminium, and it also follows the condition of the father, or mother. Moreover, if a pregnant female slave is stolen, even after she may have brought forth in the hands of a purchaser in good faith, her child being stolen property is not acquired by use. The result of this is that a manumitted slave, also, as long as a son can be born to his patron is considered to hold the same position under the law as those who have patrons living.

The Same, Digest, Book LXIX. Where a husband bequeaths his estate to his wife, and they have children, and the woman, after a divorce has been obtained, has children by another man, and then, the second marriage having been dissolved, she returns to her first husband, the condition is not understood to have been complied with, for it is probable that the testator did not have in his mind the children who, during his lifetime, had been begotten by another man.

The Same, Digest, Book LXIX. Where anyone, having left his wife pregnant, falls into the power of the enemy, and a son is born to him soon afterwards, who ultimately marries and has a son or a daughter, and then the grandfather returns under the law of postliminium, he will be entitled to all the rights over his grandchildren which he would have had if his son had been born in his own country.