[IDEM libro quinto decimo responsorum. ] §26.2.29.prEx sententia senatus consulti Liboniani tutor non erit, qui se testamento pupillo tutorem scripsit: cum autem patris uoluntas hoc ipsum manu sua declarantis ambigua non esset, eum, quamuis alii tutores essent, curatorem dandum respondi, nec admittendam excusationem, quam iure publico habebat, quoniam promisisse uidebatur, nec ut suspectum remoueri.
[THE SAME, from the fifteenth book of Responses.] According to the opinion of the Libonian senatusconsultum, a person who has written himself down in a testament as tutor for a pupil shall not be tutor; however, since the will of the father, who declared this very thing with his own hand, was not ambiguous, I responded that he, although there were other tutors, should be appointed as curator, and that the excuse which he had by public law should not be admitted, since he seemed to have promised, nor should he be removed as suspect.