Marcellus, Digest, Book XXVIII. The Royal Law refuses permission for a woman who died during pregnancy to be buried before her unborn child is removed from her; and anyone who violates this law is held to have destroyed the hope of a living child by the burial of the pregnant mother.

Marcellus, Digest, Book XXVIII. When there are several degrees of appointed heirs, the Prætor says that he will examine them one by one in regular succession, in accordance with the time granted each for deliberation; in order that, while the estate is passing from the first to the following degrees, he may as soon as possible find the heir who can satisfy the creditors of the deceased.

Marcellus, Digest, Book XXVIII. Substitutions may be made for heirs just as for legatees. Let us see whether the same thing can be done where a donation mortis causa is made in such a way that the donor promises property to another if he should not be able to receive it himself. The latter is the better opinion, because in this case the donation is considered to have also been made to the person who was substituted. 1Ad Dig. 31,50,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 255, Note 5.If Titius owes me Stichus, or ten aurei, and I bequeath to you Stichus, whom he owes me, it is held that the legacy will be extinguished on payment of the ten aurei. If, on the other hand, Stichus should be bequeathed to one person, and the ten aurei to another, the legacy will be valid, according to the character of the payment. 2Where a legacy is bequeathed as follows, “Let my heir pay the same amount to Mævius that he will collect from Titius,” if this bequest is considered to be made under a condition, the legatee cannot bring his action before the money has been collected from Titius. If, however, the legacy is considered as payable immediately (as Publicius very properly holds), the legatee can bring suit at once to compel the assignment of the right of action.

Marcellus, Digest, Book XXVIII. A donation mortis causa can also be made, even if it can be proved that the donee stipulated for payment every year, as long as he lived; that is to say, that collection should begin after the death of the promisor.