[IDEM libro sexto decimo ad Plautium. ] §35.1.45.prIulianus ait, si heredi legatarius, cui sub condicione legatum erat 'si heredi decem dederit' id, quod ei deberet heres, accepto tulisset, non quidem uideri condicioni paruisse, quasi dederit: sed quasi per heredem stet, quc minus pareat, posse petere legatum, quasi exstiterit condicio.
[The same in the sixteenth book on Plautius.] Iulianus says that if a legatee, to whom a legacy had been left under the condition "if he gives ten to the heir," should release the heir by acceptilation from what the heir owed him, he indeed does not seem to have complied with the condition as if he had given it; but because it is, as it were, due to the heir that he does not comply with it, he can claim the legacy just as if the condition had been fulfilled.