586 ADDISON v. BOWIE.—2 BLAND.

eases proper and necessary, to enable the register to make up a
full record in an orderly and correct manner; and in many cases it
is indispensably necessary as the only means of so conclusively
fixing dates as to enable the Chancellor to decide correctly. The
ancient and well established course of the Court must be in every
particular punctually observed. The Chancellor has often ex-
plained and complained as to this matter; yet he is satisfied, that, in
this instance, there has been no intentional departure from the
proper course.

Whereupon it is ordered, that this case stand over, and after such
of the now loose papers shall have been marked filed as the parties
may think proper to have put upon the record, that the register
return the bundle to the Chancellor.

After which the report of the auditor, with the depositions and
* documents by which it was accompanied, were severally
618 marked filed as of the 7th of May, 1880, and the case was
thereupon again submitted.

BLAND, C., 10th .Inly, 1830.—This case standing- ready for hear
ing, and the solicitors of the parties having been fully heard, the
proceedings were read and considered.

The difficulties here presented arise from the different con-
structions given by the parties to two wills under which they
claim. The first of them is that of the late Baruck Duckett, and
the matter, as to it, turns upon what shall be considered as the
true meaning of four of its clauses, the first of which is in these
words:

" I give and devise to my son-in-law, William Bowie, of Walter,
the plantation whereon I now dwell, likewise the lands called the
Jeremiah and Mary, and the re-survey on the Jeremiah and Mary,
and ten acres of the land purchased of Henry L. Hall, to be, laid
off at the north end, during his natural life only. In case the said
Bowie should die before his wife Kitty, she has hereby a right to
remain on, to occupy and enjoy all the aforesaid lands during her
natural life. If either the aforesaid Bowie or his wife Kitty, should
cut down, or suffer to be cut down the enclosed woods below my
dwelling-house, for cultivation, their title to cease and be void for
ever. I hereby authorize the said Bowie to designate any one or

subpoena, because the party has it in his power to strike out the reference,
and therefore, to obtain the subpoena. [See also the Revised Eules of March,
1817, No. 3.]

ENNALLS v. BOND.—HANSON, C., 17th July, 1800.—A reference to papers or
records, of which neither the originals nor copies are filed in the cause, are
altogether improper; and no paper which is not exhibited and filed in a
cause, ought to have any influence on the decision.—MS.