The Institutes of Justinian by Unknown
page 29 of 272 (10%)
page 29 of 272 (10%)
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is otherwise if the testator appointed him guardian in the er-
roneous belief that he was free. The appointment of another man's slave as guardian, without any addition or qualification, is void, though valid if the words `when he shall be free' are added: but this latter form is ineffectual if the slave is the testator's own, the appointment being void from the beginning. 2 If a lunatic or minor is appointed testamentary guardian, he cannot act until, if a lunatic, he recovers his faculties, and, if a minor, he attains the age of twenty-five years. 3 There is no doubt that a guardian may be appointed for and from a certain time, or conditionally, or before the institution of the heir. 4 A guardian cannot, however, be appointed for a particular matter or business, because his duties relate to the person, and not merely to a particular business or matter. 5 If a man appoints a guardian to his sons or daughters, he is held to have intended them also for such as may be afterborn, for the latter are included in the terms son and daughter. In the case of grandsons, a question may arise whether they are im- plicitly included in an appointment of guardians to sons; to which we reply, that they are included in an appointment of guardians if the term used is `children,' but not if it is `sons': for the words son and grandson have quite different meanings. Of course an appointment to afterborn children includes all children, and not sons only. TITLE XV OF THE STATUTORY GUARDIANSHIP OF AGNATES |
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