Page:An introduction to Roman-Dutch law.djvu/89

 Rh of the person to the exclusion of guardians dative. After the death of both parents the guardians, whether testamentary or dative, exercise personal control and also administer the property conjointly.

In South Africa the appointment of tutors dative is vested in the Master of the Supreme Court, subject to review by the Court. The same official confirms testamentary tutors, and supplies casual vacancies in case of death, incapacity, or removal.

A testamentary tutor, as we have seen, is appointed by parents only. But it is permitted to any person whomsoever who gives or bequeaths property to a minor or insane person to direct at the same time that some specified person shall administer it. A person so appointed is termed a curator nominate, and if a curator nominate is expressly empowered to appoint another to act as co-guardian, such other becomes (after confirmation) a curator assumed.