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Simple English definitions for legal terms
tutor testamentarius
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A quick definition of tutor testamentarius:
A tutor is someone who takes care of a child's well-being and property. They are appointed by the court or by a will. A tutor testamentarius is a tutor who is appointed by a will to take care of the testator's children. This means that if a parent dies, they can choose who will take care of their children. An undertutor is someone who is appointed by the court to represent a minor under the care of a tutor whenever the interests of the minor conflict with that of the tutor.
A more thorough explanation:
Definition: A tutor appointed by will to have the guardianship over the testator's children. In Roman law, a tutor is a guardian of a minor, appointed to have the care of the minor's person and estate.
Examples:
- John appointed his sister as the tutor testamentarius of his children in his will.
- In Roman law, a tutor could be a tutor dativus, tutor gerens, tutor legitimus, or tutor testamentarius.
The first example illustrates the definition by showing how a tutor testamentarius is appointed through a will to take care of the testator's children. The second example provides additional information about the different types of tutors in Roman law.