1.1.187 to 1.1.193

(147) As in many other instances posthumous children are considered as already born, in this case also it has been decided that testamentary guardians can be appointed for posthumous children, as well as for those previously born; provided, however, that if born during our lifetime, they would have been subject to our authority. We can also appoint them our heirs, but it is not permitted to appoint posthumous strangers heirs. (148) A testamentary guardian can be appointed for a wife who is in the hand of the testator; just as if she were a daughter; and, likewise, one may be appointed for a daughter-in-law who is in the hand of a son, just as if she were a granddaughter. (149) A guardian can most properly be appointed in the following manner, namely: "I appoint Lucius Titius guardian of my children." If, however, the appointment was made as follows: "Let Lucius Titius be the guardian of my children and my wife," it is understood to be legally made. (150) The choice of a guardian may be left to a wife who is in the hand of the testator, that is to say, he can permit her to select any guardian whom she may choose, as follows: "I give to Titia, my wife, the selection of her guardian." In this instance, the wife is permitted to appoint a guardian either for the administration of all the property, or only of one or two things. (151) Moreover, the choice may be granted either absolutely or with restrictions. (152) It is ordinarily granted absolutely in the way that we have mentioned above. Where it is granted with restrictions, the following form is usually employed: "I grant to Titia, my wife, only one choice of a guardian"; or: "I only grant her the right to make two selections." (153) These privileges of selection are very different, for she who has an unlimited right of choice, can choose a guardian twice or three times, or oftener; but she who has a limited right of choice cannot make more than one if only one is granted; and if only two are granted she has no right to make more than two selections.