hip or tutelage.

1 Guardianship, as defined by Servius, is authority and control over a
free person, given and allowed by the civil law, in order to protect one
too young to defend himself:

2 and guardians are those persons who possess this authority and
control, their name being derived from their very functions; for they
are called guardians as being protectors and defenders, just as those
entrusted with the care of sacred buildings are 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 testamentary 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 approved 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, whereby his appointment becomes a valid act, although of course
it is otherwise if the testator appointed him guardian in the erroneous
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