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The Institutes of Justinian by Unknown
page 29 of 272 (10%)
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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