[TRYPHONINUS libro secundo disputationum. ] §37.5.13.prItem a substituto legata deberi dicimus, si institutus condicione defectus esset, quae in ipsius potestate non fuit: nam si eam, quae in ipsius potestate fuit, non impleuit, pro eo habendus est, qui noluit adire hereditatem, quando nihil habiturus emolumenti condicioni merito non paruerit.
[TRYPHONINUS libro secundo disputationum.] Likewise, we say that legacies are owed by the substitute heir if the appointed heir has failed because of a condition which was not in his own power; for if he did not fulfill a condition which was in his power, he must be regarded as one who did not wish to enter upon the inheritance, since he did not comply with the condition, as was natural, when he would receive no benefit.