[PAPINIANUS libro quinto responsorum. ] §27.1.28.prTutor petitus ante decreti diem si aliquod priuilegium quaerit, recte petitionem institutam excludere non poterit.
[PAPINIANUS, from the fifth book of Opinions.] If a person whose appointment as tutor is petitioned for seeks some privilege before the day of the decree, he cannot block a petition that has been properly instituted.
§27.1.28.1Quae tutoribus remunerandae fidei causa testamento parentis relinquuntur, post excusationem ab heredibus extrariis quoque retineri placuit.
It has been held that what is left to tutors by the will of a parent for the purpose of rewarding their fidelity can be retained even after their excuse, even against external heirs.
quod non habebit locum in persona filii, quem pater impuberi fratri coheredem et tutorem dedit, cum iudicium patris ut filius, non ut tutor promeruit.
This will not apply in the case of a son whom the father appointed as co-heir and tutor to his under-age brother, since he merited his father's favor as a son, and not as a tutor.
§27.1.28.2Tutorem ad tempus exulare iussum excusari non oportet, sed per tempus exilii curator in locum ipsius debet dari.
A tutor who has been ordered to go into exile for a time ought not to be excused, but during the period of his exile a curator must be appointed in his place.