Note 150
That succession was the rule, testament the exception, is proved by Taylor, (Elements of Civil Law, p. 519 - 527, (a learned, rambling, spirited writer. In the iid and iiid books, the method of the Institutes is doubtless preposterous; and the Chancellor Daguesseau (Oeuvres, tom. i. p. 275) wishes his countryman Domat in the place of Tribonian. Yet covenants before successions is not surely the natural order of civil laws.
The History Of The Decline And Fall Of The Roman Empire Fall In The EastChapter 44