Disputatio de tutelis

grandmother, a patron or patroness, and even by a stranger.

VIII.
With this distinction, that a tutor given by a mother or grandmother, a patron or patroness, is confirmed after inquiry, and the minor to whom he is given must be instituted as heir in the will.

IX.
I maintain the same law regarding a tutor given by a stranger, although some erroneously teach that he must be confirmed after inquiry and also burdened with the provision of security.

X.
It is otherwise for a tutor given by a father or paternal grandfather. For this tutor does not need confirmation by a magistrate, nor is he compelled to provide security, unless he was given to emancipated children, or not for the person but for the property, or finally if he was given by unconfirmed codicils. In this case, he must be confirmed by the judgment of the magistrate, yet without any inquiry or security.

XI.
This guardianship is given not only by a paterfamilias head of a household, but also by a filiusfamilias son under paternal power.

XII.
But a slave belonging to the testator can also be validly given as a tutor by will, but a slave belonging to another only under the condition: If he shall be free.

XIII.
I do not think the guardianship of children is uselessly entrusted to a mother or grandmother by the father's will.

XIIII.
Moreover, even a madman or a minor under twenty-five years of age can be given as a tutor by will, but he will only become tutor when he has become of sound mind or has reached the age of twenty-five.