called ‘aeditui.’ 3 The law allows a parent to appoint guardians
in his will for those children in his power who have not attained
the age of puberty, without distinction between sons and
daughters; but a grandson or granddaughter can receive a tes-
tamentary guardian only provided that the death of the testator
does not bring them under the power of their own father.
Thus, if your son is in your power at the time of your death,
your grandchildren by him cannot have a guardian given them
by your will, although they are in your power, because your
death leaves them in the power of their father. 4 And as in
many other matters afterborn children are treated on the
footing of children born before the execution of the will, so it
is ruled that afterborn children, as well as children born before
the will was made, may have guardians therein appointed to
them, provided that if born in the testator's lifetime they would
be family heirs and in his power. 5 If a testamentary guardian
be given by a father to his emancipated son, he must be ap-
proved by the governor in all cases, though inquiry into the
case is unnecessary.

TITLE XIV
WHO CAN BE APPOINTED GUARDIANS BY WILL

1 Persons who are in the power of others may be appointed
testamentary guardians no less than those who are independent;
and a man can also validly appoint one of his own slaves as
testamentary guardian, giving him at the same time his liberty;
and even in the absence of express manumission his freedom
is to be presumed to have been tacitly conferred on him, where-
by his appointment becomes a valid act, although of course it