Marcellus, On Julianus, In the Twenty-ninth Book of the Digest, Observes That: If the condition under which the son was appointed an heir is of such a character that it is certain that at the last moment of his life it cannot be fulfilled, and, while it is pending, the son dies, he will be the heir to his father just as if the latter was intestate; for instance: “If he should go to Alexandria, let him be my heir”. If, however, the condition can be complied with during the last hours of his life, for example, “If he pays ten aurei to Titius, let him be my heir”, I hold that the contrary is true.