[IDEM libro sexagesimo nono digestorum. ] §35.1.25.prCum uir uxori, quandoque liberos habebit, fundum legat, si mulier diuortio facto liberos ex alio procreauerit, deinde soluto secundo matrimonio ad priorem maritum redierit, non intellegitur expleta condicio, quod testatorem uerisimile non est de his liberis sensisse, qui se uino ex alio suscepti fuissent.
[By the same writer in the sixty-ninth book of his Digests.] When a husband bequeaths a tract of land to his wife, "whenever she shall have children", if the woman, after a divorce has been made, has procreated children by another man, and then, the second marriage having been dissolved, has returned to her prior husband, the condition is not understood to be fulfilled, because it is not likely that the testator had in mind those children who had been begotten by another while he himself was alive.