Appointment of Testamentary Guardians for Descendants in Power

Notes

1. §26.2.1.prsi modo in potestate sint — The subject of the subjunctive 'sint' is the children ('liberi suis'). The condition for the appointment of a tutor is that the children to whom the tutor is assigned are in the paternal power (patria potestas) of the testator.
2. §26.2.1.1qui modo in ea causa sint, ut, si uiuo eo nati fuerint, in potestate eius futuri sint neque testamentum rupturi — The antecedent of the relative pronoun 'qui' is 'postumis filiis uel nepotibus uel ceteris liberis' (posthumous children, grandchildren, or other descendants). Inside the 'ut' clause, the active periphrastic conjugation with future participles ('futuri sint' and the implied 'rupturi [sint]') is used to express a hypothetical future outcome viewed from the past ('if they had been born in his lifetime, they would have been in his power and would not have invalidated the will'). 'eo' and 'eius' refer to the parent/testator.
3. §26.2.1.2eum, qui filium in potestate et nepotem ex eo aeque in potestate habebit, si nepoti tutorem dederit, ita recte dedisse uideri, si nepos post mortem eius in patris sui potestatem recasurus non sit — This is an accusative-with-infinitive construction governed by 'ignorandum non est', where 'eum' acts as the subject accusative of the infinitive 'uideri'. The core statement 'eum... recte dedisse uideri' (that he is deemed to have made a valid appointment) is qualified by two conditional clauses: 'si nepoti tutorem dederit' (if he appoints a tutor for his grandson) and 'si nepos... recasurus non sit' (if the grandson is not to fall back...), introduced by 'ita... si...' (only in the event that...).